Phosphate Resources Ltd v The Commonwealth (No 2) [2004] FCA 211

FEDERAL COURT OF AUSTRALIA

Phosphate Resources Ltd v The Commonwealth (No 2) [2004] FCA 211

ADMINISTRATIVE LAW - statutory interpretation – validity of administrative determination under Ordinance – declaratory relief – Christmas Island Territory – Administrator – determination of fees for supply of electricity – determination applying Western Australian regional tariff under Western Australian By-laws – By-laws of no effect in Christmas Island Territory – whether use of tariff derived from By-laws inconsistent with this application by Christmas Island Act – whether unauthorised purposes – parity with Western Australian users – reduction of greenhouse gas emissions – whether irrelevant considerations – whether failure to take into account relevant consideration – requirement that fee bear reasonable relationship to cost of supply – application dismissed. Utilities and Services Ordinance 1996 s 3, s 4, s 5 Judiciary Act 1903 (Cth) s 39B Electricity Corporation (Charges) By-laws 1996 (WA) Christmas Island Act 1958 (Cth) s 7, s 9, s 8A Phosphate Resources v The Commonwealth [2003] FCA 447 cited 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 11 MARCH 2004 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: 11 MARCH 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The application is dismissed.