JAMES HARDIE AND COMPANY PTY LIMITED v THE ELECTRICITY COMMISSION OF NEW SOUTH WALES (TRADING AS PACIFIC POWER) [1997] NSWCA 165

JAMES HARDIE AND COMPANY PTY LIMITED vy THE ELECTRICITY COMMISSION OF NEW SOUTH WALES (TRADING AS PACIFIC POWER)

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MASON P and COLE JA 24 February 1997

[1997] NSWCA 165

Mason P. The Court is of the view that the proper disposition of the application is to stand over the summons, so that the leave application can be prosecuted if and when an appeal after trial is instituted.

We do this on the basis that it would appear that the matter will be given a fairly early hearing, and the expectation that if this is a test case, as it were, for the Tribunal, the matter will be given a level of expedition so that this can be resolved on factual findings, which will then provide an appropriate basis for the important issue to be determined in a substantive context.

So those are the orders which we would make, namely that the summons is stood over generally, with costs being reserved.

Orders accordingly.