Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Energy Regulator v Australian Competition Tribunal (No 3) [2017] FCAFC 80 Application from: Application by Jemena Gas Networks (NSW) Ltd [2016] ACompT 5
File number: NSD 420 of 2016
Judges: BESANKO, YATES AND ROBERTSON JJ
Date of judgment: 24 May 2017
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of the Australian Competition Tribunal (Tribunal) reviewing decision of the Australian Energy Regulator (AER) – nature and scope of review by the Tribunal – whether the Tribunal erred in its construction of provisions of the National Gas Law or National Gas Rules – return on debt – transition between methods of deciding the return on debt – where the AER did not allow revision of the service provider's proposal – whether the Tribunal purported to review a decision of a type that did not fall within its jurisdiction
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3, Sch 3 National Gas Law National Gas Rules
Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Edelsten v Health Insurance Commission (1990) 27 FCR 56 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Thiess v Collector of Customs [2014] HCA 12; 250 CLR 664
Dates of hearing: 17, 18, 19, 20, 21 and 24 October 2016
Registry: New South Wales
Division: General Division
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