NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Manboom Pty Ltd atf the Outdoor Signage Unit Trust v Jemena Gas Networks (NSW) Ltd [2024] NSWSC 445 Hearing dates: 5 April 2024; further directions on 11 and 17 April 2024; written submissions 16 and 19 April 2024 Date of orders: 24 April 2024 Decision date: 24 April 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order for separate question refused; defendant's Notice of Motion dismissed with costs. Catchwords: CIVIL PROCEDURE – separate determination of question – action in trespass in relation to underground gas infrastructure – alleged defence of statutory authority – whether that defence apt for separate determination Legislation Cited: Australian Gas Light Company Act 1837 (NSW) Australian Gas Light Company (Amendment) Act 1858 (NSW) Gas Supply Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 Category: Procedural rulings Parties: Manboom Pty Ltd as trustee for the Outdoor Signage Unit Trust (First Plaintiff/Respondent) Outdoor Signage Pty Ltd as trustee for the Outdoor Signage Unit Trust No. 3 (Second Plaintiff/Respondent) Jemena Gas Networks (NSW) Ltd (Defendant/Applicant) Representation: Counsel: M S Henry SC / D J Delany (Plaintiffs/Respondents) T F Robertson SC / D W Robertson (Defendant/Applicant)
Solicitors: Arnold Bloch Leibler (Plaintiffs/Respondents) MinterEllison (Defendant/Applicant) File Number(s): 2023/168556
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