NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 996

NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 996

Leave was granted to the respondents to withdraw admissions made in pars 2(b) and 26(e) of the defence, as the explanation was satisfactory, the amendment caused no significant prejudice to the applicant, and the applicant could address any new factual issues. The motion to have both D5 and D8 matters heard together was stood over; the D5 hearing would proceed as scheduled (from 3 August 1999) up to the close of applicant's case, and further procedural orders would follow on adjournment.

Jurisdiction
Australia
Judgment Date
01 July 1999
Procedural Posture
Notices of Motion Preceding Trial in Commercial and Competition Matters / Pre Trial; Interlocutory Decision on Procedural Matters
Outcome
Leave to withdraw admissions granted; motions for joint hearing stood over; hearing of D5 to proceed as directed
Legal Topics
['withdrawal of Admissions' 'discovery' 'expedited Hearing' 'joinder of Proceedings' 'crown Immunity' 'market Definition']
['competition Law' 'civil Procedure'] ['withdrawal of Admissions' 'discovery' 'expedited Hearing' 'joinder of Proceedings' 'crown Immunity' 'market Definition']

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Procedural Posture

Notices of Motion Preceding Trial in Commercial and Competition Matters / Pre Trial; Interlocutory Decision on Procedural Matters

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw admissions in defence' 'Whether proceedings D5 and D8 should be heard together and trial dates vacated' 'Procedural directions regarding discovery and hearing timetables']

Ratio Decidendi

Leave was granted to the respondents to withdraw admissions made in pars 2(b) and 26(e) of the defence, as the explanation was satisfactory, the amendment caused no significant prejudice to the applicant, and the applicant could address any new factual issues. The motion to have both D5 and D8 matters heard together was stood over; the D5 hearing would proceed as scheduled (from 3 August 1999) up to the close of applicant's case, and further procedural orders would follow on adjournment.

Court Disposition

Leave to withdraw admissions granted; motions for joint hearing stood over; hearing of D5 to proceed as directed

Orders

  • ['Leave granted to withdraw admissions in pars 2(b) and 26(e) of defence in D5/1999; amended defence to be filed by 8 July 1999' 'Leave for applicant to file amended reply by 30 July 1999' "D5/1999 hearing to commence 3 August 1999 in Darwin; evidence limited to applicant's case at this stage, then adjourned to a...