Auckland Regional Authority v Mutual Rental Cars (Auckland Airport) Ltd - [1987] 2 NZLR 647

Commercial law — Commerce Act — Dominant position in market — Plaintiff had granted rental car concessions at Auckland airport to two operators to the exclusion of others, and with the subsequent enactment of the Commerce Act it sought declarations as to whether it remained bound by those contracts — Whether those contracts had the purpose and effect of substantially lessening competition — Whether plaintiff had a monopoly — Discussion on standard of proof — Commerce Act 1986, ss 3(1) 27, 29 and 36.

Evidence — Admissibility — Market survey — Criteria to be met to justify admissibility of market survey evidence.

Practice and procedure — Discovery, production and inspection — Party had served list of documents in its possession but did not take part in hearing — Whether another party was entitled to give secondary evidence of those documents and their contents — High Court Rules, R 314.