NSW Caselaw
New South Wales Court of Appeal
CITATION : Country Energy v Carrathool Shire Council [2003] NSWCA 264 HEARING DATE(S) : 27/08/03 JUDGMENT DATE : 18 September 2003
JUDGMENT OF : Meagher JA at 1; Ipp JA at 22; Foster AJA at 23 DECISION : Appeal dismissed with costs.
CATCHWORDS : Challenge to judicial findings of fact. Country Energy PARTIES : v Carrathool Shire Council FILE NUMBER(S) : CA 40913 of 2002 COUNSEL : A: R Williams QC, P Dwyer R: RJH Darke SC, LV Gyles SOLICITORS : A: Ebsworth & Ebsworth R: Minter Ellison
LOWER COURT District Court JURISDICTION : LOWER COURT 1981 of 2001 FILE NUMBER(S) : LOWER COURT Cooper DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40913 of 2002
MEAGHER JA IPP JA FOSTER AJA
Thursday, 18 September 2003 COUNTRY ENERGY v CARRATHOOL SHIRE COUNCIL
FACTS These proceedings arose out of the operation of a sewerage system in Hillston, South-Western New South Wales. The system comprised pipes running in different directions. Some were vitreous clay pipes, or iron and cement pipes, and others were made of PVC.
The respondent Council contended that the appellant had inserted creosote into the sewerage system, which resulted in major damage to the PVC piping, and necessitated costly rectification. Cooper DCJ found for the respondent, and awarded a verdict of $219,825.39. HELD per Meagher JA (Ipp JA and Foster AJA agreeing), dismissing the appeal:
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