31 Jul 2020
BALLANCE AGRI-NUTRIENTS LTD v QUIN ENVIRONMENTALS (NZ) LTD [2020] NZHC 1885
- Citation
- [2020] NZHC 1885
- Court
- High Court
Court held that in New Zealand the term RPR has acquired a particular industry meaning tied to the Fertmark Code requirement (30% citric solubility by the 30-minute Citsol Test); Quin's unqualified statements that its Algerian product met 30% Citsol or was an RPR (other than V2) were misleading or likely to mislead and contravened ss9,10,13 FTA; appropriate relief was permanent injunctions requiring prohibition of false 30% claims and requiring prominent qualification where RPR is claimed; Ballance's counterclaim that Hi P RPR was not RPR was dismissed.