NT Power Generation Pty Ltd v Power and Water Authority [2004] HCA 48

HIGH COURT OF AUSTRALIA

McHUGH ACJ, GUMMOW, KIRBY, CALLINAN AND HEYDON JJ

NT POWER GENERATION PTY LTD APPELLANT

AND

POWER AND WATER AUTHORITY & ANOR RESPONDENTS

NT Power Generation Pty Ltd v Power and Water Authority [2004] HCA 48

6 October 2004

D13/2003

ORDER

1. The appeal is allowed.

2. The orders of the Full Federal Court made on 2 October 2002 are set aside.

3. In lieu of the orders of the Full Federal Court made on 2 October 2002:

(a) the appeal to the Full Federal Court is allowed; and

(b) the respondents are to pay the costs of the appeal to the Full Federal Court.

4. The respondents are to pay the costs of the appeal to this Court.

5. The matter is remitted to Mansfield J for determination of the claim against the second respondent and consideration of the quantum of damages, costs of the trial, and the form of other relief.

On appeal from the Federal Court of Australia

Representation:

A J L Bannon SC with A A Henskens for the appellant (instructed by Colin Biggers and Paisley)

B C Oslington QC with L G Foster SC and A I Tonking for the respondents (instructed by Noonans Lawyers)

Interveners:

R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)

C J Kourakis QC, Solicitor-General for the State of South Australia with G F Cox intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

N J Williams SC with L McCallum intervening on behalf of the Australian Competition and Consumer Commission (instructed by Australian Government Solicitor)

S J Gageler SC with N L Sharp intervening on behalf of the Attorney‑General for the State of New South Wales (instructed by Crown Solicitor for the State of New South Wales)