Application by United Energy Distribution Pty Ltd [2009] ACompT 10

AUSTRALIAN COMPETITION TRIBUNAL

Application by United Energy Distribution Pty Ltd [2009] ACompT 10 ADMINISTRATIVE LAW – review of determination by the Australian Energy Regulator (AER) – whether the Australian Competition Tribunal has jurisdiction to hear appeals relating to errors of law – meaning of "based wholly or partly on an error of fact in a material respect" in s 55(2)(c)(ii) of the Essential Services Commission Act 2001 (Vic) – whether the AER's determination involved an 'error of fact' COMPETITION LAW – pricing principles applicable to determination of budgets for the roll out of 'advanced metering infrastructure' in Victoria Electricity Industry Act 2000 (Vic) Essential Services Commission Act 2001 (Vic) National Electricity (Victoria) Act 2005 (Vic) National Electricity (Victoria) Amendment Act 2007 (Vic) Trade Practices Act 1974 (Cth) Trade Practices (Australian Energy Market) Act 2004 (Cth) Edwards (Inspector of Taxes) v Bairstow [1956] AC 14 cited Farmer v Cotton Trustees [1915] AC 922 cited Hope v Bathurst City Council (1980) 144 CLR 1 cited Handa v Minister for Immigration and Multicultural Affairs (2000)106 FCR 95 applied Jones v Wrotham Park Settled Estates [1980] AC 74 applied Vetter v Lake Macquarie City Council (2001) 202 CLR 439 cited

APPEAL BY UNITED ENERGY DISTRIBUTION PTY LTD (ABN 70 064 651 029) AGAINST A FINAL DETERMINATION OF THE AUSTRALIAN ENERGY REGULATOR (AER) PURSUANT TO AN AMI ORDER UNDER SECTIONS 15A AND 46D OF THE ELECTRICITY INDUSTRY ACT 2000 (VIC)

By UNITED ENERGY DISTRIBUTION PTY LTD

No 9 of 2009 APPEAL PURSUANT TO SECTION 29 OF THE NATIONAL ELECTRICITY (VICTORIA) ACT 2005 (VIC) AGAINST THE FINAL DETERMINATION OF THE AUSTRALIAN ENERGY REGULATOR DATED OCTOBER 2009 IN RELATION TO THE 2009-11 AMI BUDGET APPLICATION SUBMITTED BY JEMENA ELECTRICITY NETWORKS (VIC) LTD FOR THE VICTORIAN ADVANCED METERING INFRASTRUCTURE REVIEW By JEMENA ELECTRICITY NETWORKS (VIC) LTD No 10 of 2009