Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Re: Application by ElectraNet Pty Ltd [2008] ACompT 1
COMPETITION LAW – application for leave to apply for a review of a decision of the Australian Energy Regulator by the Australian Competition Tribunal pursuant to s 71B of the National Electricity Law – review sought of transmission determination on revenue proposal by applicant – where Regulator required amount for easement transaction costs to be removed from proposal on the basis that they were deemed to be already included in the proposal as part of depreciated transmission line costs – serious question to be tried as to whether there was sufficient evidence before the Regulator which enabled it to be satisfied that the easement transaction costs were not already taken account of in the proposal – serious question to be tried whether grounds of review in s 71C of the National Electricity Law made out – leave granted. National Electricity (South Australia) Act 1996 (SA) Corporations Act 2001 (Cth) s 237(2)(d) National Electricity Law: ss 71A, 71B, 71C, 71E, 71F National Electricity Rules Ch 6A Castlemaine Tooheys Ltd v South Australia(1986) 161 CLR 148, applied Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199, cited Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57, applied Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618, cited RE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A TRANSMISSION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ELECTRANET PTY LIMITED PURSUANT TO CLAUSE 6A.13.1 OF THE NATIONAL ELECTRICITY RULES BY: ELECTRANET PTY LIMITED
1 of 2008
JUSTICE GOLDBERG, DR JILL WALKER & PROFESSOR CLIFF WALSH
23 JUNE 2008
MELBOURNE AUSTRALIAN COMPETITION TRIBUNAL
1 of 2008 rE: APPLICATION UNDER SECTION 71B OF THE NATIONAL ELECTRICITY LAW FOR A REVIEW OF A TRANSMISSION DETERMINATION MADE BY THE AUSTRALIAN ENERGY REGULATOR IN RELATION TO ELECTRANET PTY LIMITED PURSUANT TO CLAUSE 6A.13.1 OF THE NATIONAL ELECTRICITY RULES
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