In our last update (October 2012), we reported on the Court of Appeal decision in Commerce Commission v Visy Board Pty Limited [2012] NZCA 383. Visy has since applied to the Supreme Court for leave to appeal the Court of Appeal's decision. Leave was refused by the Supreme Court on the grounds that the Court of Appeal ruling is provisional and may be overtaken by reassessment when the evidence is heard, and it is not necessary in the interests of justice to hear and determine the issue ahead of trial.