Minister for Sustainability, Environment, Water, Population and Communities v Fairglen Pty Ltd (trading as Liberty Braybrook) [2014] FCA 273

FEDERAL COURT OF AUSTRALIA

Minister for Sustainability, Environment, Water, Population and Communities v Fairglen Pty Ltd (trading as Liberty Braybrook) [2014] FCA 273 Citation: Minister for Sustainability, Environment, Water, Population and Communities v Fairglen Pty Ltd (trading as Liberty Braybrook) [2014] FCA 273

Parties: MINISTER FOR SUSTAINABILITY, ENVIRONMENT, WATER POPULATION AND COMMUNITIES v FAIRGLEN PTY LTD (TRADING AS LIBERTY BRAYBROOK) ACN 007 356 434

File number: VID 431 of 203

Judge: DODDS-STREETON J

Date of judgment: 25 March 2014

Catchwords: PRACTICE AND PROCEDURE – non-compliance with the Fuel Standard (Automotive Diesel) Determination 2001 (Cth) and two contraventions of s 12AA of the Fuel Quality Standards Act 2000 (Cth) – declaration of non-compliance and contraventions – injunction restraining the respondent from supplying diesel in Australia that does not comply with the Fuel Standard (Automotive Diesel) Determination 2011 for a period of 2 years – civil penalties for contraventions

Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 23 Fuel Quality Standards Act 2000 (Cth) ss 3, 12AA, 12, 41, 65(1), 65T and (5) Judiciary Act 1901 (Cth) s 39B(1A)(c)

Cases cited: Minister for the Environment v Shri Ganesh Associates Pty Ltd [2013] FCA 1118 Minister for Sustainability, Environment, Water, Population and Communities v De Bono [2012] FCA 643 Minister for Sustainability, Environment, Water, Population and Communities v Gas Point Guildford West Pty Ltd [2013] FCA 621 Secretary, Department of Health & Ageing v Pagasa Australia Pty Ltd [2008] FCA 1545