High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ
GUMMOW, HAYNE, HEYDON AND CRENNAN JJ
Matter No S373/2006
WESTON ALUMINIUM PTY LIMITED APPLICANT
AND
ENVIRONMENT PROTECTION AUTHORITY
& ANOR RESPONDENTS
Matter No S211/2007
WESTON ALUMINIUM PTY LIMITED APPELLANT
AND
ALCOA AUSTRALIA ROLLED PRODUCTS
PTY LIMITED RESPONDENT
Weston Aluminium Pty Limited v Environment Protection Authority
Weston Aluminium Pty Limited v Alcoa Australia Rolled Products
Pty Limited
[2007] HCA 50
8 November 2007
S373/2006 & S211/2007
ORDER
In matter S373 of 2006
1. Special leave to appeal granted and the appeal be treated as instituted and heard instanter.
2. Appeal allowed.
3. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 October 2006 and, in their place, order that the matter be remitted to the Land and Environment Court of New South Wales for further consideration conformably with the reasons of this Court.
4. The second respondent pay the appellant's costs of the appeal to this Court, the appeal to the Court of Appeal of the Supreme Court of New South Wales and the application to the Land and Environment Court of New South Wales.
In matter S211 of 2007
1. Appeal allowed with costs.
2. Set aside order 3 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 October 2006 and remit the matter to that Court for further consideration conformably with the reasons of this Court.
On appeal from the Supreme Court of New South Wales
Representation
B W Walker SC with P C Tomasetti for the applicant in S373/2006 and for the appellant in S211/2007 (instructed by Kanjian and Company)
R J Ellicott QC with S A Duggan for the second respondent in S373/2006 and the respondent in S211/2007 (instructed by Holding Redlich)
Submitting appearance for the first respondent in S373/2006
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
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