Alice Springs Abattoirs Pty Ltd v Northern Territory Electricity Commission [1986] FCA 12

Alice Springs Abattoirs Pty Ltd v Northern Territory Electricity Commission [1986] FCA 12

The trial judge’s finding that NTEC did not become aware in July 1983 that ASAPL had discontinued the use of electricity was a finding of fact based on preference for Armstrong’s evidence; there was no failure or misuse of the advantage in seeing the witnesses, and appellate court should not disturb such findings unless clearly wrong.

Parties
Appellant (defendant): Alice Springs Abattoirs Pty Limited; Respondent (plaintiff): Northern Territory Electricity Commission
Jurisdiction
Australia
Judgment Date
24 January 1986
Procedural Posture
Appeal / Judgment and Orders
Outcome
Appeal dismissed with costs
Legal Topics
Supply of Electricity, Electricity Commission Act, Evidence, Credibility of Witnesses, Assessment of Fact, By Laws
Debt Recovery Supply of Electricity Electricity Commission Act Evidence Credibility of Witnesses Assessment of Fact By Laws

Case Brief

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Parties

Alice Springs Abattoirs Pty Limited

Appellant (defendant)

Northern Territory Electricity Commission

Respondent (plaintiff)

Procedural Posture

Appeal / Judgment and Orders

Legal Issues

  1. 1 Whether Northern Territory Electricity Commission became aware in July 1983 that Alice Springs Abattoirs Pty Limited had discontinued use of supply of electricity
  2. 2 Whether trial judge appropriately assessed evidence and credibility of witnesses
  3. 3 Whether trial judge failed to use or misused advantage of seeing witnesses

Ratio Decidendi

The trial judge’s finding that NTEC did not become aware in July 1983 that ASAPL had discontinued the use of electricity was a finding of fact based on preference for Armstrong’s evidence; there was no failure or misuse of the advantage in seeing the witnesses, and appellate court should not disturb such findings unless clearly wrong.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.