1 Dec 2015
MACINTYRE AND WILLIAMSON PARTNERSHIP v FONTERRA CO-OPERATIVE GROUP LIMITED [2015] NZHC 3012
- Citation
- [2015] NZHC 3012
- Court
- High Court
The Court held plaintiffs were new entrants for s106 purposes once issued shares; Fonterra breached s106 by imposing objectively unjustified inferior terms (price discount and sharing-up prohibition) aimed at internal 'optics' rather than legitimate objective differences; Fonterra's statements at meetings that suppliers could not share-up and that other shareholders could not obtain shares were, in context and as to their effect, misleading in trade (FTA s9) and constituted actionable misrepresentations under CRA s6; causation and damages reserved.
- Dairy industry restructuring act s106 (non-discrimination)
- New entrant/shareholding farmer status
- Share-backed versus contract supply
- Misleading and deceptive conduct (fta s9)
- Misrepresentation (cra s6)
- Statutory interpretation of dira