Cubic Transportation Systems Inc v State of NSW & Ors [2001] NSWSC 1195

New South Wales Supreme Court

CITATION : Cubic Transportation Systems Inc v State of NSW & Ors [2001] NSWSC 1195 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30074/01 HEARING DATE(S) : 20/12/01 JUDGMENT DATE : 21 December 2001

Cubic Transportation Systems, Inc (Pl) PARTIES : State of New South Wales (1st Def) Transport Administation Corporation (2nd Def) Commonwealth Bank of Australia (3rd Def) JUDGMENT OF : Kirby J

COUNSEL : G K Downes QC/R Carruthers (Pl) T Bathurst QC/Dr J Griffiths SC (Defs) SOLICITORS : Baker & McKenzie (Pl) Clayton Utz (Defs) CATCHWORDS : Serious question to be tried - Balance of convenience - Tendering - Suggested improper influence upon Committee evaluating tenders LEGISLATION CITED : Transport Administration Act, 1988 CASES CITED : Hughes Aircraft Systems International v Air Services Aust (1997) 76 FCR 151 DECISION : Orders - Ref para 42

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION KIRBY J

21 DECEMBER 2001 30074/01 - CUBIC TRANSPORTATIONS SYSTEMS INC v STATE OF NEW SOUTH WALES & ANOR

JUDGMENT 1 HIS HONOUR: On 14 December 2001, Cubic Transportation Systems Inc ("Cubic Transportation") made application to the Duty Judge, Hidden J, for interlocutory relief against a number of defendants, including the New South Wales Government and the Transport Administration Corporation. His Honour, however, was not able to deal with the matter at that time. Leave was given to approach the Vacation Duty Judge. As a consequence, the matter was fixed before me on Thursday 20 December 2001 at 2.00 pm.