Commerce Commission v Telecom Mobile Ltd - [2004] 3 NZLR 667

Commercial law — Fair Trading Act 1986 — Whether sale breached Door to Door Sales Act 1967 — Whether failure to advise of cancellation rights misleading or deceptive — Whether appropriate to grant declaration — Fair Trading Act 1986, s 42.

Contract — Formation — Contractual arrangements made telephonically followed by delivery of sealed package — Whether offer or invitation to treat — Where contract entered into.

Practice and procedure — Summary judgment — Application by Commerce Commission for declarations as to breach of Door to Door Sales Act 1967 — Whether declaratory relief available — Whether appropriate to permit refinement of orders sought — High Court Rules, R 136.