Weston Aluminium Pty Ltd v Environment Protection Authority

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, HAYNE, HEYDON AND CRENNAN JJMatter No S373/2006WESTON ALUMINIUM PTY LIMITED      APPLICANTANDENVIRONMENT PROTECTION AUTHORITY & ANOR  RESPONDENTSMatter No S211/2007WESTON ALUMINIUM PTY LIMITED       APPELLANTANDALCOA AUSTRALIA ROLLED PRODUCTS PTY LIMITED   RESPONDENTWeston Aluminium Pty Limited v Environment Protection AuthorityWeston Aluminium Pty Limited v Alcoa Australia Rolled Products Pty Limited[2007] HCA 508 November 2007S373/2006 & S211/2007ORDERIn matter S373 of 20061. Special leave to appeal granted and the appeal be treated as instituted and heard instanter.2.        Appeal allowed.3.Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 October 2006 and, in their place, order that the matter be remitted to the Land and Environment Court of New South Wales for further consideration conformably with the reasons of this Court.4.The second respondent pay the appellant’s costs of the appeal to this Court, the appeal to the Court of Appeal of the Supreme Court of New South Wales and the application to the Land and Environment Court of New South Wales.In matter S211 of 20071. Appeal allowed with costs.2.Set aside order 3 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 October 2006 and remit the matter to that Court for further consideration conformably with the reasons of this Court.On appeal from the Supreme Court of New South Wales RepresentationB W Walker SC with P C Tomasetti for the applicant in S373/2006 and for the appellant in S211/2007 (instructed by Kanjian and Company)R...