...

JUDGMENT OF THE COURT

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the first respondents (jointly) and $2,500 to the second respondent.

REASONS

[1] The proposed appeal concerns the award of a monopoly contract by the several Auckland District Health Boards (the Boards) for communal laboratory services in the Auckland area. It challenges the Boards’ decision to accept a tender from a newcomer, the second respondent Lab Tests Auckland Ltd, which had as one of its shareholders/directors a member of one of the Boards, Dr Bierre.

...

See - Full judgment: SC_80_2008_Diagnostic_Medlab_Ltd.pdf