Date: Wed, 28 May 2008 22:21
From: Peter Watts
Subject: Abuse of rights
In a short article to be published in the June 2008 issue of NZ Business Law Quarterly I make the case against an abuse of rights doctrine, in the context of a refusal to accept applicants for membership of sports clubs. There have been a number of New Zealand cases that have indicated a willingness to review the conduct of those with monopoly/oligopoly power, not on the basis of implication in a licensing statute or contract, but on raw common law jurisdiction. I think this an insidious development. I am happy to make the pdf available to anyone interested.
Peter.
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