High Court Wellington
12, 13, 14, 15, 16 June; 14, 15, 16, 17, 18, 21, 22, 23, 24 August; 6, 7, 8, 9, 23 November 1989
Tipping J
12, 13, 14, 15, 16 June; 14, 15, 16, 17, 18, 21, 22, 23, 24 August; 6, 7, 8, 9, 23 November 1989
Tipping J
Commercial law — Commerce Act — Dominant position in market — Defendant had virtual monopoly of New Zealand auctions of thoroughbred yearling horses — Plaintiff sought to enter market and defendant set auction dates to clash with those of plaintiff — Plaintiff sought injunction to prevent clash alleging breach of s 36 of Commerce Act — Whether the market included Australia and was limited to yearlings — Whether defendant had dominant position in market — Whether defendant had used its position to prevent or deter competition — Whether injunction should be granted — Whether injunction should be perpetual — Commerce Act 1986, ss 3, 4, 27, 36 and 88.
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