23 Dec 2019
THE PHONE COMPANY LIMITED v M2 NZ LIMITED [2019] NZHC 3501
- Citation
- THE PHONE COMPANY LIMITED v M2 NZ LIMITED [2019] NZHC 3501
- Court
- High Court
The Court of Appeal adopted a middle‑ground construction: commission is payable on Net Receipts from all M2 mobile services customers except those procured for M2 by a contractor, dealer or agent whose services are delivered other than on the Vodafone network; because neither party's position before the High Court matched the Court of Appeal's construction and the financial impact was unknown, the High Court judge exercised discretion to order each party to bear its own costs and disbursements in the High Court proceeding.