Date: Thu, 29 May 2008 19:00

From: Jason Neyers

Subject: Abuse of rights

What is the prime necessary doctrine?

----- Original Message -----
From: Geoff McLay  
Date: Wednesday, May 28, 2008 5:31 pm
Subject: RE: Abuse of rights
To: 'Peter Watts'

There is no question though, Peter, that the prime necessary doctrine exists generally at common law, and has been acknowledged as existing in New Zealand. The problem that NZ courts have is actually finding a case in which it can be appropriately applied, despite Mike Taggart's arguments that they should. For those overseas there are two NZ cases where the Court of Appeal refused to recognise that access to Auckland's super casino, Skycity, was such a case - the casino had banned the plaintiff who was running some kind of gambling syndicate on the poker machines. More interestingly the NZCA has held that in cases of access and price, monopolies are regulated by the Commerce Act and not the common law.

--  
Jason Neyers
Associate Professor of Law 
Faculty of Law  
University of Western Ontario  
N6A 3K7 
(519) 661-2111 x. 88435

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