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Fisher & Paykel Ltd v Commerce Commission - [1989] 2 NZLR 635


High Court Wellington
5, 18 May 1989
Barker J
Practice and procedure — Appeals under Commerce Act — Parties to appeal — Unsuccessful applicant for authorisation by Commerce Commission appealed, naming Commission as the only respondent — Parties who had participated in conference called by Commission before giving its decision applied to be joined as respondents to appeal — Whether those parties were entitled to be joined as respondents — Commerce Act 1986, ss 62 and 92.
Practice and procedure — Commercial List — Appeals under Commerce Act 1986 — Removal of appeal from Administrative Division to Commercial List — Appellant against decision of Commerce Commission filed appeal in Administrative Division in Wellington — Respondent applied to remove appeal to Commercial List in Auckland — Whether, in absence of specific rule, respondent entitled to have appeal removed — Whether Judge should inquire whether there was any advantage in proceedings remaining in Wellington — Judicature Act 1908, s 24B - High Court Rules, RR 9, 446C and 446L.

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