27 Feb 2009
CARTER HOLT HARVEY LIMITED V THE COMMERCE COMMISSION CA CA316/2007
- Citation
- openlaw-07df7077_0abe_4dba_b9bd_279c6b9c5771.pdf
- Court
- Court of Appeal
The appeal is allowed and the High Court proceeding is struck out as time-barred because the Commerce Commission had, or ought reasonably to have had, knowledge by the time of the investigator's affidavit and warrant preparations (no later than 24 October 2003) that it was likely that CHH's conduct caused loss; s 43(5) limitation is triggered by the applicant's (here the Commission's) discoverability and an applicant bringing a s 43 claim must commence within three years of its own or relevant loss-sufferers' discovery, with recovery limited to those loss-sufferers who themselves would have b…