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Select 2000 Ltd v ENZA Ltd - [2002] 2 NZLR 367

$30.00

Court of Appeal Wellington
CA 189/01
18 February; 19 March 2002
McGrath, Robertson and Randerson JJ
Tort — Breach of statutory duty — Licensing scheme for export of apples and pears — Whether breach of licence breach of statutory duty — Whether duty owed to competitor given special role by legislation — Whether penalty in damages available — Apple and Pear Export Regulations 1999 (SR 1999/311), regs 3 and 45.
Practice and procedure — Summary judgment — Difficult question of statutory interpretation — Application by defendant for summary judgment — Whether appropriate to consider matter on application for summary judgment — High Court Rules, R 138.

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