When Justice Adams made his order on Xmas Eve 2014, HDC relied upon an asset sale agreement in which they were to purchase rail infrastructure on the Newcastle rail line from Railcorp. Justice Adams held that as a result of the agreement HDC was a rail infrastructure owner and therefore was bound by the Transport Administration Act. On Xmas Day 2014, HDC and Railcorp amended the agreement so that the only rail infrastructure to be sold to HDC is the wires that have been removed. Saul is of the opinion that it is a shifting of the goal post for the purpose of the appeal hearing. Saul has cross appealed on the issue as to whether the acquisition of the rail corridor by HDC is a disposition within the meaning of the Act. Saul is confident that it will win the appeal. #nswpol #nsw #newcastle
Posted on: Fri, 16 Jan 2015 06:45:08 +0000
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