Essential Energy v Rose [2020] FCA 722

FEDERAL COURT OF AUSTRALIA

Essential Energy v Rose [2020] FCA 722 Appeal from: Application for leave to appeal from: Rose v Essential Energy [2020] FCA 124

File number: NSD 220 of 2020

Judge: LEE J

Date of judgment: 22 May 2020

Catchwords: HIGH COURT AND FEDERAL COURT – Federal jurisdiction – issue in relation to jurisdiction of Federal Court in preliminary discovery matters – consideration of jurisdiction of Federal Court generally PRACTICE AND PROCEDURE – application for leave to appeal – whether reasonable prospects of success – whether trial judge's decision attended by sufficient doubt – whether substantial injustice would be suffered if appeal refused – application dismissed PRACTICE AND PROCEDURE – r 7.23 of the Federal Court Rules 2011 (Cth) – application for preliminary discovery – discovery from prospective respondent – whether reasonable belief that the prospective applicant may have the right to obtain relief – whether sufficient information to commence proceedings CONSUMER LAW – s 60 of the Australian Consumer Law – meaning of services – whether an electricity connection contract includes the requirement to provide a safe electricity network generally – whether the particular spending of fees affects the scope of the service provided to particular customers – electricity infrastructure – electricity network – Tathra bushfire

Legislation: Australian Consumer Law s 60 Federal Court of Australia Act 1976 (Cth) ss 31A, 37N, 43 Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules 2011 (Cth) r 7.23