NSW Caselaw
New South Wales Court of Appeal
CITATION: Commonwealth of Australia v BIS Cleanaway Limited [2008] NSWCA 170 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23 July 2008
JUDGMENT DATE: 23 July 2008
JUDGMENT OF: Hodgson JA at [1], [24]; Ipp JA at [13]; Campbell JA at [23]
EX TEMPORE JUDGMENT DATE: 23 July 2008
DECISION: Leave to appeal dismissed with costs.
CATCHWORDS: EQUITY – PRACTICE – Declarations – Summary dismissal – Proceedings seeking only declaration summarily dismissed for lack of utility – Whether such dismissal available – What tests appropriate – Undesirability of piecemeal determination of related issues.
LEGISLATION CITED: Supreme Court Act s63
CATEGORY: Principal judgment
CASES CITED: Coles v Wood [1981] 1 NSWLR 723 Neeta (Epping) Pty Limited v Phillips (1974) 131 CLR 286
PARTIES: COMMONWEALTH OF AUSTRALIA (Claimant) BIS CLEANAWAY LIMITED (ACN 000 164 938) (Opponent)
FILE NUMBER(S): CA 40732/07
COUNSEL: T G R PARKER SC/ K M RICHARDSON (Claimant) T BATHURST QC/ A A HENSKENS (Opponent)
SOLICITORS: Clayton Utz (Claimant) Allens Arthur Robinson (Opponent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 3471/06
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 26 September 2007
LOWER COURT MEDIUM NEUTRAL CITATION: Commonwealth of Australia v BIS Cleanaway Limited [2007] NSWSC 1075
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40732/07 SC 3471/06
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