SPI Electricity Pty Ltd v Australian Competition Tribunal [2012] FCAFC 186

FEDERAL COURT OF AUSTRALIA

SPI Electricity Pty Ltd v Australian Competition Tribunal [2012] FCAFC 186 Citation: SPI Electricity Pty Ltd v Australian Competition Tribunal [2012] FCAFC 186

Appeal from: Application by United Energy Distribution Pty Ltd [2012] ACompT 1 Application by United Energy Distribution Pty Ltd (No 2) [2012] ACompT 8

Parties: SPI ELECTRICITY PTY LTD v AUSTRALIAN COMPETITION TRIBUNAL and AUSTRALIAN ENERGY REGULATOR

File number: VID 338 of 2012

Judges: MANSFIELD, BESANKO and MCKERRACHER JJ

Date of judgment: 20 December 2012

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision of the Australian Competition Tribunal (Tribunal) – construction of Part 6, Division 3A, Subdivision 2 of the National Electricity Law – where multiple service providers sought review by the Tribunal of distribution determinations of the Australian Energy Regulator (AER) – where the Tribunal found reviewable error in distribution determination of another service provider – where error common to both that service provider and the applicant's distribution determinations – whether s 71O(2) of the National Electricity Law prevented the applicant from raising the issue in its review before the Tribunal – where applicant had raised the matter before the AER but subsequently not pursued the contention – Tribunal found that s 71O(2), inter alia, prevented applicant from agitating matter before the Tribunal – s 71O(2) did not prevent applicant from raising the matter before the Tribunal – error of law committed by the Tribunal when reviewing a distribution determination of the Australian Energy Regulator.