Lodge Real Estate Limited, Monarch Real Estate Limited, Brian King and Jeremy O'Rourke v Commerce Commission - SC 116/2018

Media releases

MR [2020] NZSC 25 (PDF 68 KB)

Summary

Civil Appeal – Commerce Act 1986, s 30 – Whether there must be a moral obligation for the purposes of price fixing – Whether there was an agreement to vendor fund – Whether the Court of Appeal erred in allowing the respondent’s appeal against the High Court’s decision.

Result

A An extension of time to file the application for leave to appeal is granted.
B Leave to appeal is granted (Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523) on the question whether the Court of Appeal should have allowed the respondent’s appeal to that Court except as set out at C below.
C To the extent the application for leave seeks to argue that the respondent had not adequately pleaded and to appeal from the dismissal of the applicants’ cross appeal the application is dismissed.
19 March 2019
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A The appeal is dismissed.
B The appellants must pay costs of $35,000 plus usual disbursements to the respondent.
2 April 2020

Judges

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

Hearing Transcripts

Hearing date 21-22 August 2019 (PDF 839 KB)