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In Fonterra Co-operative Group Ltd v Mcintyre and Williams Partnership [2016] NZCA 538, the Court of Appeal dismissed Fonterra Co-operative Group's (Fonterra) appeal against a decision of Muir J in the High Court. The decision was that Fonterra had breached s 106 of the Dairy Industry Restructuring Act 2001 in relation to the contract terms offered to, among others, McIntyre and Williamson dairy farmers (Respondents).
In Day v The Official Assignee as Liquidator of GN Networks Ltd (in Liq) [2016] NZHC 2400, the High Court rejected a claim that the funding arrangement at issue constituted maintenance or champerty. In 2014, an unsecured creditor of GN Networks Ltd (GNN), Mr Day, issued proceedings in the Auckland High Court against Babbelbek Finance Limited (Babbelbek) for amounts received by Babbelbek during the receivership. Mr Day's litigation was funded by a third party.
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