Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Appeal by SPI Electricity Pty Ltd [2012] ACompT 11 Citation: Appeal by SPI Electricity Pty Ltd [2012] ACompT 11
Review from: Australian Energy Regulator
Parties: SPI ELECTRICITY PTY LTD ABN 91 064 651 118 (TRADING AS SP AUSNET)
File number: ACT 9 OF 2011
Tribunal: MANSFIELD J (PRESIDENT) MR ROD SHOGREN PROFESSOR KEVIN DAVIS
Date of decision: 26 April 2012
Catchwords COMPETITION LAW – review of determination by the Australian Energy Regulator (AER) – determination of budgets for the roll out of 'advanced metering infrastructure' in Victoria – whether AER made error of fact in a material respect – whether components of forecast expenditure "prudent" – whether substantial departure from the commercial standard that a reasonable business would exercise – determination of commercial standard discussion of nature of departure from commercial standard – whether removal of forecast expenditure where departure from commercial standard in circumstances involved error of fact in a material respect
Date of hearing: 27 – 29 February 2012
Place: Adelaide (via videolink with Melbourne)
Category: Catchwords
Number of paragraphs: 261
Counsel for SPI Electricity Pty Ltd: S Horgan SC and C Furnell
Solicitor for SPI Electricity Pty Ltd: Johnson Winter Slattery
Counsel for the Australian Energy Regulator: P Hanks QC with C Horan
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