Turners and Growers is to continue legal action challenging the kiwifruit export and regulatory powers of Zespri.
That's despite failing to succeed with five claims against Zespri, heard in the High Court in May.
TG contends Zespri breached the Commerce Act by tying kiwifruit growers into exclusive contracts, trying to control exports to Australia during the 2008-2009 year and controlling new kiwifruit varieties.
In a 154-page judgement released late last month, Justice White concluded that Zespri had not breached the Act.
But Turners Growers managing director Jeff Wesley says the company was to lodge the judgement in the Court of Appeal on 9 September.