17 Dec 2019
BUNNINGS LIMITED v COMMERCE COMMISSION [2019] NZHC 3340
- Citation
- [2019] NZHC 3340
- Court
- High Court
The High Court upheld Judge Cunningham's rulings: the amended s159 CPA summons was lawful and not an abuse of process because the price-comparison data had been voluntarily supplied to the Commerce Commission and disclosed to Bunnings; use of s159 to secure production and ensure witness attendance was proper; Whitford survey rules do not govern objective automated price-comparison data and Snowden's evidence is admissible provided the underlying electronic comparison datasets are produced as exhibits and disclosed in accordance with CDA obligations.