But as discussed earlier, making was specifically added to the law in 1994 (came into force in 1995) specifically to deal with the internet and digital files. So it wasnt a particular case that enabled 'making' to apply to digital copying, that wording was formulated in the first place to deal with just such cases.
As it was explained to me, (so please don't try too hard to shoot the messenger) it was a question of how "making" was interpreted. The legislation (see below) did not make it clear that saving a file could be interpreted as "making" and it was this that was established in court.