Telstra Corporation Limited [2002] FCA 108

Telstra Corporation Limited [2002] FCA 108

Given the discrete nature and importance of the statutory interpretation question concerning power to make determinations for pre-commencement periods, convenience and the interests of justice favour granting expedition. There is no disentitling delay or undue prejudice to the fourth respondent.

Parties
Applicant: Telstra Corporation Limited; First Respondent: His Honour Justice Von Doussa; Second Respondent: Robin Davey; Third Respondent: Professor R Duncan; Fourth Respondent: AAPT Limited (ACN 052 082 416)
Jurisdiction
Australia
Judgment Date
15 February 2002
Procedural Posture
Notice of Motion to Expedite Full Court Hearing / Interlocutory Application
Outcome
Application granted
Legal Topics
Expedition of Hearing, Jurisdiction of Tribunal, Retrospective Effect of Determinations
Practice and Procedure Administrative Law Expedition of Hearing Jurisdiction of Tribunal Retrospective Effect of Determinations

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Parties

Telstra Corporation Limited

Applicant

His Honour Justice Von Doussa

First Respondent

Robin Davey

Second Respondent

Professor R Duncan

Third Respondent

AAPT Limited (ACN 052 082 416)

Fourth Respondent

Procedural Posture

Notice of Motion to Expedite Full Court Hearing / Interlocutory Application

Legal Issues

  1. 1 Whether the application should be expedited
  2. 2 Whether there is power to determine prices for periods before legislative amendments came into force

Ratio Decidendi

Given the discrete nature and importance of the statutory interpretation question concerning power to make determinations for pre-commencement periods, convenience and the interests of justice favour granting expedition. There is no disentitling delay or undue prejudice to the fourth respondent.

Court Disposition

Application granted

Orders

  • The hearing of the application be expedited.
  • Costs of the notice of motion to be reserved.