Leave: Commerce Commission v Carter Holt Harvey

JUDGMENT OF THE COURT

A. Leave to appeal is granted.

B. The approved grounds of appeal are:

(a) Whose knowledge is relevant when considering whether
time has commenced to run under s 43(5) of the Fair
Trading Act 1986?

(b) Is knowledge of the “likelihood of loss” sufficient to
commence the limitation period for a claim under
s 43(2)(c) and (d) of the Act?

(c) Is knowledge of a contravention also knowledge of the
“likelihood of loss” for the purposes of s 43(5)?

See... Full leave judgment (PDF)

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