Phosphate Resources Ltd v The Commonwealth [2003] FCA 447

FEDERAL COURT OF AUSTRALIA

Phosphate Resources Ltd v The Commonwealth [2003] FCA 447 ADMINISTRATIVE LAW – statutory interpretation – validity of administrative determination pursuant to Ordinance - declaratory relief – claim for extensive discovery – dependent upon constructional issue – constructional issue determined – claim for declaratory relief relevant to constructional issue dismissed – motion for discovery dismissed – Christmas Island Territory – Administrator – determination of fees for supply of electricity – whether determination complied with necessary condition in Utilities and Services Ordinance 1996 - whether fees charged bore "reasonable relationship to the cost of supplying utilities" – whether reasonable relationship depends upon mode of calculation or relationship to costs – whether necessary to determine actual costs – whether fees charged at less than average costs bear reasonable relationship to costs Utilities and Services Ordinance 1996 Judiciary Act 1903 (Cth) s 39B PHOSPHATE RESOURCES LIMITED (ABN 77 009 396 543) v THE COMMONWEALTH OF AUSTRALIA, WILLIAM LEONARD TAYLOR AS ADMINISTRATOR OF THE TERRITORY OF CHRISTMAS ISLAND W333 OF 2001 FRENCH J 13 MAY 2003 MELBOURNE (HEARD IN PERTH)

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W333 OF 2001

BETWEEN: PHOSPHATE RESOURCES LIMITED

(ABN 77 009 396 543)

APPLICANT

AND: THE COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

WILLIAM LEONARD TAYLOR AS ADMINISTRATOR OF THE TERRITORY OF CHRISTMAS ISLAND

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 13 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The substituted application is dismissed in respect of paragraphs 1 to 4 of the claims for relief. 2. The applicant's motion for discovery is dismissed. 3. The applicant is to pay the respondents' costs of the motion for discovery. 4. The costs are otherwise reserved. 5. The application is listed for directions on 3 June 2003 at 9am.