JAMES HARDIE AND COMPANY PTY LIMITED v THE ELECTRICITY COMMISSION OF NEW SOUTH WALES (TRADING AS PACIFIC POWER) [1997] NSWCA 165

JAMES HARDIE AND COMPANY PTY LIMITED v THE ELECTRICITY COMMISSION OF NEW SOUTH WALES (TRADING AS PACIFIC POWER) [1997] NSWCA 165

The application is stood over generally to allow the leave application to be prosecuted if and when an appeal after trial is instituted, given the expectation of an expedited hearing and the need for factual findings.

Parties
James Hardie and Company Pty Limited; The Electricity Commission of New South Wales (trading as Pacific Power)
Jurisdiction
Australia
Judgment Date
24 February 1997
Procedural Posture
Application
Outcome
summons stood over generally, with costs reserved

Case Brief

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Parties

James Hardie and Company Pty Limited

The Electricity Commission of New South Wales (trading as Pacific Power)

Procedural Posture

Application

Ratio Decidendi

The application is stood over generally to allow the leave application to be prosecuted if and when an appeal after trial is instituted, given the expectation of an expedited hearing and the need for factual findings.

Court Disposition

summons stood over generally, with costs reserved

Orders

  • summons stood over generally
  • costs reserved