SPI Electricity Pty Ltd v Australian Energy Regulator [2014] FCA 1012

FEDERAL COURT OF AUSTRALIA SPI Electricity Pty Ltd v Australian Energy Regulator [2014] FCA 1012 Citation: SPI Electricity Pty Ltd v Australian Energy Regulator [2014] FCA 1012

Parties: SPI ELECTRICITY PTY LTD (ACN 064 651 118) (TRADING AS SP AUSNET) v AUSTRALIAN ENERGY REGULATOR

File number: VID 177 of 2013

Judge: FOSTER J

Date of judgment: 17 September 2014

Catchwords: ADMINISTRATIVE LAW – whether an electricity distributor in Victoria has made out any grounds of review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) entitling it to relief under s 16 of that Act quashing or setting aside in part a regulatory decision made by the Australian Energy Regulator in respect of the distributor's approved budget for the period 2012–2015 for the installation of advanced meters in residential premises and small business premises in Victoria pursuant to an Order in Council made by the Governor of Victoria on 28 August 2007 under ss 15A and 46D of the Electricity Industry Act 2000 (Vic).

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 6, 10, 16(1)(a), s 16(1)(d) National Electricity (Victoria) Act 2005 (Vic) ss 19, 20, 23, 27A, 29(2) Electricity Industry Act 2000 (Vic) ss 15A, 46D Order in Council dated 28 August 2007 (Vic) published in the Victoria Government Gazette No S200 (as amended) Trade Practices Act 1974 (Cth)

Cases cited: Appeal by SPI Electricity Pty Ltd [2012] ACompT 11 Appeal by SPI Electricity Pty Ltd [2013] ACompT 7 Buck v Bavone (1976) 135 CLR 110 R v Hunt; Ex parte Sean Investments Pty Limited (1979) 180 CLR 322 Telstra Corporation Ltd v Australian Competition and Consumer Commission (2009) 176 FCR 153