JAMES HARDY & CO PTY LTD v THE ELECTRICITY COMMISSION OF NEW SOUTH WALES (t/a PACIFIC POWER) and ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL POWELL and COLE JJA 20 October 1997 [1997] NSWCA 166 Powell JA The Court has considered the submissions which Mr Douglas has advanced on behalf of the Claimant and while it recognises that the hearing which was contemplated earlier will now not take place at as early a date as was once thought, it nonetheless remains of the view expressed by Mason P in the Judgment which he delivered on behalf of himself and Cole JA on 24 February of this year and does not consider it appropriate to vacate the order which was made on that occasion. The Court is of the opinion that the costs of today should be costs in the application.