Auckland Bulk Gas Users Group v Commerce Commission - [1990] 1 NZLR 448

Commercial law — Commerce Act — Price of natural gas — Commerce Commission fixed price of natural gas adopting recommendation of working party and using formula not previously employed — Whether Commission was entitled to set up working party and take cognisance of its findings — Whether in adopting recommendation of working party Commission had shown predetermination or bias — Whether Commission was entitled to depart from previous method of fixing price of gas — Whether Commission had erred in principle or law or policy in adopting formula which it used — Commerce Act 1986, ss 53, 70 and 73.

Practice and procedure — Appeals to High Court — Commerce Act — Appeal from decision of Commerce Commission — Whether appeal was de novo appeal or by way of rehearing — Whether Court should give full regard to decision of specialist body — Whether Court should overturn Commission simply because it thought some other figures or formula might be preferred if there were no error in principle or law or policy — Commerce Act 1986, s 91 — High Court Rules, R 696.

Practice and procedure — Costs — Appeal from decision of Commerce Commission — Commerce Commission took part in appeal against its own decision and sought costs — Successful respondent sought larger than usual award of costs because of size and complexity of case and its novelty — Unsuccessful appellant stressed justification in bringing appeal and public interest in doing so — Whether costs should be awarded to Commission when it was its decision which was appealed against — Whether larger than usual award of costs should be made to successful respondent — High Court Rules, RR 46 and 47.