Power Grid Cables Pty Ltd v Essential Energy [2016] NSWSC 859

Supreme Court New South Wales

Medium Neutral Citation: Power Grid Cables Pty Ltd v Essential Energy [2016] NSWSC 859 Hearing dates: 19 May 2016 9 June 2016 Decision date: 23 June 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The defendant is not required to comply with the notice to produce of the plaintiff of 11 May 2016 until further order of a judge of this Court. (2) The notice of motion of the defendant of 13 May 2016 is otherwise dismissed. (3) Costs of the proceedings before me are costs in the cause. (4) The matter is listed before the Common Law Registrar at 9 AM on 7 July 2016. Catchwords: PRACTICE AND PROCEDURE – application for determination of separate question – whether decision amenable to judicial review – whether issue should be determined prior to trial – whether plaintiff should be compelled to proceed by way of pleadings – whether notice to produce should be set aside Legislation Cited: Competition Policy Reform (New South Wales) Act 1995 Electricity Supply Act 1995 (NSW), s 31(1)(a) Limitation Act 1969 (NSW) Cases Cited: Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1 Wardley Australia Ltd v The State of Western Australia [1992] HCA 55; (1992) 175 CLR 514 Category: Procedural and other rulings Parties: Power Grid Cables Pty Ltd ACN 102 888 719 (Plaintiff/Respondent) Essential Energy ABN 37 428 185 226 (Defendant/Applicant) Representation: Counsel: V Heath (Plaintiff/Respondent) K C Morgan (Defendant/Applicant)