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Court of Appeal of New Zealand

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ENZA LIMITED v APPLE AND PEAR EXPORT PERMITS COMMITTEE & ORS [2001] NZCA 129 (11 April 2001)

IN THE court of appeal of new zealand

ca59/01

between

enza limited

Appellant

AND

apple and pear export permits committee

First Respondent

and

freilich & sons Ltd

Second Respondent

AND

freshmax ltd

Third Respondent

and

fresh fruit company new zealand ltd

Fourth Respondent

and

the attorney-general

Intervener

Hearing:

4 April 2001

Coram:

Keith J

Tipping J

McGrath J

Appearances:

H McIntosh and A Olney for Appellant

C F Finlayson and D D Vincent for First Respondent

No appearance for Second and Third Respondents

G M Illingworth for Fourth Respondent

H M Aikman and A H Cecil-Gibson for Intervener

Judgment:

11 April 2001

judgment of the court

[1] For reasons to be given at a later date the appeal is dismissed, with the result that the decision of the High Court dismissing the appellant's application for production and inspection of documents is upheld.The appellant must pay costs of the respondents represented in this court and the intervener in the sum of $2,500 each together with disbursements and in the case of the fourth respondent, reasonable travelling and accommodation costs of counsel, all to be fixed if necessary by the Registrar.

Solicitors

Russell McVeagh, Wellington, for Appellant

Bell Gully, Wellington, for First Respondent

P J McDonald, Auckland, for Fourth Respondent

Crown Law Office, Wellington, for Intervener


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