FEDERAL COURT OF AUSTRALIA
HECEC Australia Pty Ltd v Hydro-Electric Corp [1999] FCA 822
HECEC AUSTRALIA PTY LIMITED V HYDRO-ELECTRIC CORPORATION AND ORS
NG 634 OF 1998
THE HON JUSTICE MARCUS EINFELD AO
SYDNEY (heard in Canberra)
25 JUNE 1999
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IN THE FEDERAL COURT OF AUSTRALIA |
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NG 634 OF 1998 |
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BETWEEN: |
HECEC AUSTRALIA PTY LIMITED [ACN 074 518 077] Applicant
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AND: |
HYDRO-ELECTRIC CORPORATION [ARBN 072 377 158] First Respondent
PREMIER AND TREASURER OF TASMANIA Second Respondent
MINISTER FOR ENERGY Third Respondent
STATE OF TASMANIA Fourth Respondent
AURORA ENERGY PTY LIMITED [ACN 082 464 622] Fifth Respondent
TRANSEND NETWORKS PTY LIMITED [ACN 082 586 892] Sixth Respondent
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REASONS FOR JUDGMENT – CORRIGENDA
1. Orders Page
Order 1 should read:
the motions of the respondents dated 19 and 26 October 1998 be dismissed
2. Page 2, para 2
The second line should read:
notices dated 19 and 26 October 1998 by the Tasmanian parties on the one hand, and the HEC on the other…
3. Page 2, para 3
Lines 1 and 2 should read:
In 1995, the HEC and HEC Enterprise decided, possibly as part of a then mooted corporatised disaggregation of the HEC, that a new company…
4. Page 9, para 24
Line 1 should commence:
The HEC's conduct was also…
5. Page 9, para 25
Line 2 should read:
contract based on actual or anticipatory breaches.
6. Page 13, para 40
Line 4: the fifth word should be "infirmity"
7. Page 15 para 45
Line 4: the first figure after "paragraphs" should be "37"
8. Page 22 para 69
In item 1(c), the fifth word should be "was"
9. Page 27 para 83
Line 4: the last word should be "founded" (it is now the first word on line 5)
Line 8: after "Lehane" add ", ibid"
10. Page 29
The first paragraph of the third line should read:
no basis for striking it out summarily.
Associate:
Dated: 2 July 1999