KEY POINTS:
The Supreme Court today reversed a Court of Appeal decision preventing Hawke's Bay lines company Unison appealing a judgement against it.
In December, the Court of Appeal dismissed Unison's application for a judicial review of price thresholds set by the Commerce Commission.
Earlier this month, it rejected Unison's appeal for a recall of that judgement, opening the way for the company to seek remedy in a higher court.
Unison had argued the commission had not acted consistently with the Commerce Act in setting the price thresholds. The Appeal Court judged in December the initial threshold set was not lawful, but a revised one was.
Today's judgement gave Unison leave to appeal on whether the commission's initial and/or revised thresholds were unlawful, and whether the Court of Appeal erred in declining to grant Unison relief in respect of the initial thresholds.
Unison challenged the way the commission set price thresholds in its regulatory regime, and the commission ruled Unison was in breach of price thresholds.
The commission declared an intention to place Unison's business under control for breaches of the price thresholds and excessive profits.
- NZPA
