Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Gas Light Company ACN 052 167 405 v Australian Competition & Consumer Commission [2003] FCA 1101
PRACTICE AND PROCEDURE – subpoenas for production – leave to issue – leave opposed – criteria for grant of leave – apparent relevance – utility to requesting party – case management considerations – width of request – inconvenience – proposed acquisition of electricity power plant and coal mine – application for declaration of compliance with s 50 of Trade Practices Act 1974 – application opposed by Australian Competition and Consumer Commission – Australian Competition and Consumer Commission seeking leave to issue subpoenas to other participants in market – subpoenas seeking 'consideration' by other participants of possible acquisitions – leave refused
Trade Practices Act 1974 (Cth) s 50
AUSTRALIAN GAS LIGHT COMPANY v AUSTRALIA COMPETITION AND CONSUMER COMMISSION AND OTHERS
V880 OF 2003
FRENCH J
8 OCTOBER 2003
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V880 OF 2003
BETWEEN: AUSTRALIAN GAS LIGHT COMPANY
ACN 052 167 405
APPLICANT
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 8 OCTOBER 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Leave is refused to the Australian Competition and Consumer Commission in respect of the issue of proposed subpoenas relating to consideration by senior executives or directors of each of: (i) National Power Australia Investments Ltd and associate companies; (ii) Origin Energy Ltd; and (iii) TXU Electricity Ltd. of proposals by itself or Australian Gas Light Company to acquire substantial economic interests in Victorian electricity generation assets. 2. The Australian Competition and Consumer Commission is to pay the costs of the proposed recipients of the subpoenas in resisting the leave application as though on a party and party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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