NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 16 May 2008 (S574/2007 & S573/2007)
New South Wales Court of Appeal
CITATION: Origin Energy LPG Ltd & Ors v Bestcare Foods Ltd & Anor [2007] NSWCA 321
HEARING DATE(S): 12 November 2007
JUDGMENT DATE: 12 November 2007
JUDGMENT OF: Spigelman CJ at 1, 25, 27; McColl JA at 26; Handley AJA at 3
EX TEMPORE JUDGMENT DATE: 12 November 2007
DECISION: 1. Leave to appeal be granted in matter 40296 of 2007; 2. Direct that the notice of appeal be filed within 7 days; 3. The appeal in matter 40296 of 2007 and the appeal in matter 40270 of 2007 be dismissed with costs.
CATCHWORDS: CIVIL LIABILITY ACT - Regulation excluding application of Pt 4 of the Act if liability arose before 26 July 2004 - Regulation valid
Civil Liability Act 2002 LEGISLATION CITED: Civil Liability Amendment (Personal Responsibility) Act No 92 of 2002 Civil Liability Amendment (Proportionate Liability) Regulation 2004 Civil Liability Regulation 2003
AG v Lamplough (1878) 3 Ex D 214 CA CASES CITED: Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Caledonian Collieries Limited v Speirs 57 SR NSW 483
Origin Energy LPG Limited (Formerly known as Boral Gas (NSW) Pty Limited) (ACN 000 508 369) (First Appellant) PARTIES: Origin Energy Retail Limited (ACN 078 868 425) (Second Appellant) Bestcare Foods Limited (ACN 093 099 844) (First Respondent) Attorney General for the State of New South Wales (Second Respondent)
FILE NUMBER(S): CA 40270/07; 40296/07
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