Court of Appeal Wellington
CA 279/01
8, 9; 17 July 2002
Gault P, Tipping and McGrath JJ
CA 279/01
8, 9; 17 July 2002
Gault P, Tipping and McGrath JJ
Commercial law — Commerce Act 1986 — Whether appellant’s reliance on doctrine of prime necessity was attempt to control price charged by respondent for port facilities — Whether doctrine excluded by Commerce Act 1986 — Whether supplier obliged to accept any offer described as reasonable — Whether willingness to continue rent negotiations excused refusal to pay reasonable rent — Commerce Act 1986, Part IV.
Property law — Lease — Monopolies — Doctrine of prime necessity — Lease of wharf and allied activities — Whether landlord obliged to accept any rent described as reasonable — Whether willingness to continue rent negotiations excused refusal to pay reasonable rent.
Trade and commerce — Monopolies — Doctrine of prime necessity — Whether reliance on doctrine attempt to control price charged by respondent for port facilities — Whether doctrine excluded by Commerce Act 1986 — Whether supplier obliged to accept any offer described as reasonable — Whether willingness to continue rent negotiations excused refusal to pay reasonable rent — Commerce Act 1986, Part IV.
Loading... Please wait...
