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Welgas Holdings Ltd v Commerce Commission - [1990] 1 NZLR 484


High Court Wellington
19, 20, 21, 22 June; 13 July 1989
Jeffries J, and W J Shaw
Administrative law — Tribunals and boards — Commerce Commission — Natural justice — Wholesaler applied to Commerce Commission to increase price of natural gas to retailers — Commission refused to give copy of application to retailers — Commission prepared draft decision, gave copy to wholesaler for comment, and as a result of submissions received it altered decision in favour of wholesaler — Whether Commission had acted in breach of natural justice to retailers — Whether relief should be granted to retailers if decision was correct — Commerce Act 1986, s 70.
Commercial law — Commerce Act — Price control — Formula for controlled wholesale price of natural gas — Commerce Commission issued decision increasing price of natural gas supplied by wholesaler to retailers — Whether Commission was correct in including as a price factor the wholesaler's "take or pay" liability to the Crown as gas producer — Whether tax imputation required wholesaler's tax liability to be ignored — Whether wholesaler's parent company's tax losses should be taken into account — Whether decision of Commission was correct — Commerce Act 1986, s 70.

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