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Comcom loses bid to derail Harmoney appeal

Monday 19th of August 2019

The judgment, handed down earlier this month, is the latest in the regulator’s pursuit of the firm.

In a decision clarifying the regulator’s powers, a Court of Appeal panel of Justices Christine French, Forrie Miller and Joe Williams decided that it could hear an appeal even though the case was brought on a slightly unusual basis.

In the Commerce Commission’s proceeding against Harmoney, the regulator used its powers under the Commerce Act to bring the proceeding under a case stated procedure to test the law in the new area of peer-to-peer lending, while also launching separate enforcement proceedings alleging that Harmoney charges too much.

The enforcement proceedings depend on the case stated procedure.

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