Based on its experience in litigation and on its knowledge of trade and industry policy, Genesis was commissioned by the Minister of Economic Development to defend a High Court application by the Metal Recyclers Association (MRA) to set aside a new policy directive affecting scrap metal pricing.
The project team provided an independent economic assessment of the policy directive, which demonstrated that it was rationally connected to an underlying policy concern, that its provisions were not uncommon internationally, and that the possibility of harm to metal recyclers did not constitute grounds to find the directive unreasonable.
The team also showed that much of the potential harm claimed by the MRA had been exaggerated or was unlikely to arise at all.
Our analysis, which included rebuttals of various expert opinions submitted in support of the MRA’s case, contributed to the High Court’s understanding of the problems the policy directive was seeking to remedy, and the likely impacts it would generate on various stakeholders including MRA members.
Both sets of issues received considerable attention and the High Court dismissed the MRA’s application with costs.