31 Aug 2012
COMMERCE COMMISSION V VISY BOARD PTY LIMITED COA CA312/2011
- Citation
- COA CA312/2011
- Court
- Court of Appeal
The Court held there was a good arguable case and serious issues to be tried that the Australian overarching cartel understanding and several subsidiary customer understandings extended to and affected New Zealand CFP markets; acts or omissions to which claims relate occurred in New Zealand (supporting service under HCR r6.27(2)(j)), Visy Board was carrying on business in New Zealand so s4(1) applies, and vicarious/attributional liability under s90(2)(b) and s4(1) are available; the amendment pleading attendance in NZ did not introduce a fresh time-barred cause of action. Accordingly the Comm…