High Court Wellington
9 March 1990
Barker J
Court of Appeal Wellington
31 May; 12 June 1990
Somers, Casey, Smellie JJ
9 March 1990
Barker J
Court of Appeal Wellington
31 May; 12 June 1990
Somers, Casey, Smellie JJ
Commercial law — Commerce Act — Dominant position in market — Exercise of statutory functions — Minister of Health refused to approve drug for sale through pharmacies on social security subsidy — Manufacturer of drug alleged that Minister had engaged in trade exercising her dominant position in market — Whether Minister had engaged in trade — Whether, in exercising statutory functions, Minister was exempt from provisions of Commerce Act — Commerce Act 1986, ss 2, 36 and 43 - Social Security Act 1964, s 99.
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