Application by Services Sydney Pty Ltd [2005] ACompT 2
For the time being, it is not necessary to permit the Premier to intervene in the proceeding. The existence of a natural contradictor (Sydney Water), the Tribunal's procedural flexibility, and ability to receive policy material by other means, as well as the lack of a statutory or procedural basis, mean no sufficient case exists for intervention at this time.
- Jurisdiction
- Australia
- Judgment Date
- 11 April 2005
- Procedural Posture
- Application for Review of Deemed Decision / Interlocutory Application for Intervention
- Outcome
- Application for intervention refused
- Legal Topics
- ['access Regime' 'declaration of Services' 'intervention' 'public Policy in Utility Regulation']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Review of Deemed Decision / Interlocutory Application for Intervention
Legal Issues
- 1 ['Whether the Premier of New South Wales should be granted leave to intervene in the review under s 44K of the Trade Practices Act 1974 (Cth)' "Relevance and necessity of Premier's participation when there is a natural contradictor (Sydney Water)"]
Ratio Decidendi
For the time being, it is not necessary to permit the Premier to intervene in the proceeding. The existence of a natural contradictor (Sydney Water), the Tribunal's procedural flexibility, and ability to receive policy material by other means, as well as the lack of a statutory or procedural basis, mean no sufficient case exists for intervention at this time.
Court Disposition
Application for intervention refused
Orders
- ['The application by the Premier of New South Wales to intervene be refused.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment