Commerce Commission v Fonterra Co-Operative Group Limited - SC 39/2006
Summary
Civil – dairy industry restructuring – raw milk regulations – whether “cost of capital rate” refers to cost of equity capital rate or to “Weighted Average Cost of Capital” – Dairy Industry Restructuring (Raw Milk) Regulations 2001, reg 9(1) CA 175/05 4 May 2006
Result
Application for leave to appeal granted.
17 August 2006
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The appeal is allowed and all relevant orders made in the courts below are set aside. A. The Court declares that the capital referred to in reg 9(1) of the Dairy Industry Restructuring (Raw Milk) Regulations 2001 is the respondent’s equity capital.
B. The respondent is to pay the appellant costs of $15,000 plus disbursements to be fixed, if necessary, by the Registrar. In the absence of agreement costs below are to be fixed by the courts below.
17 August 2006
_____________________
The appeal is allowed and all relevant orders made in the courts below are set aside. A. The Court declares that the capital referred to in reg 9(1) of the Dairy Industry Restructuring (Raw Milk) Regulations 2001 is the respondent’s equity capital.
B. The respondent is to pay the appellant costs of $15,000 plus disbursements to be fixed, if necessary, by the Registrar. In the absence of agreement costs below are to be fixed by the courts below.
Hearing Transcripts
Additional Information
CC V FONTERRA CO-OP GROUP LTD CA CA175/05 4 May 2006
COMMERCE COMMISSION v FONTERRA COOPERATIVE GROUP LIMITED SC 39/2006 [17 August 2006]