31 January 2008
Commission welcomes leave to appeal Warehouse judgment
The Commerce Commission has welcomed today’s decision by Justice Mallon at the High Court in Wellington to grant leave
to appeal her earlier Warehouse decision to the Court of Appeal.
In November Justice Mallon overturned the Commission’s decision not to clear Foodstuffs or Woolworths Ltd to acquire up
to 100% shares in, or assets of, The Warehouse Group Ltd.
Today the court has granted the Commission leave to appeal on the condition the appeal is prosecuted urgently. Justice
Mallon recognised that “the appeal is important to the Commission as, effectively, the representative of supermarket
consumers.”
“The Commission agrees with the need for urgency and will be asking the Court of Appeal for the earliest achievable
date,” says Commission Chair Paula Rebstock.
There will be no further comment while the case is before the courts.
ENDS