Australian Energy Regulator v Stanwell Corporation Limited [2011] FCA 991

FEDERAL COURT OF AUSTRALIA

Australian Energy Regulator v Stanwell Corporation Limited [2011] FCA 991 Citation: Australian Energy Regulator v Stanwell Corporation Limited [2011] FCA 991

Parties: AUSTRALIAN ENERGY REGULATOR v STANWELL CORPORATION LIMITED (ACN 078 848 674)

File number: QUD 186 of 2009

Judge: DOWSETT J

Date of judgment: 30 August 2011

Catchwords: ENERGY AND RESOURCES – application pursuant to the National Electricity Rules – the applicant alleged that the respondent had breached cl 3.8.22A of the National Electricity Rules (the "good faith requirement") in relation to eight rebids made on 22 and 23 February 2008 – whether the respondent's traders made the relevant rebids "in good faith" – construction to be given to the expression "material conditions and circumstances" in cl 3.8.22A(b) of the National Electricity Rules – whether the respondent's traders made the relevant rebids with a genuine intention to honour them if the material conditions and circumstances upon which the rebids were based remained unchanged until the relevant dispatch interval

Legislation: Competition and Consumer Act 2010 (Cth) National Electricity Law cl 8 of Schedule 2 National Electricity Rules cll 3.8.1, 3.8.16, 3.8.22, 3.8.22A, 3.9.2, 3.11.1, 3.13.3 Trade Practices Act 1974 (Cth) s 44AE

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Oxford English Dictionary (2nd ed, Clarendon Press, 1989) Shorter Oxford English Dictionary (4th ed, Clarendon Press, 1993)