Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by Glencore Coal Pty Ltd (No 2) [2016] ACompT 7 Review from: THE DECISION BY THE COMMONWEALTH TREASURER UNDER SUBSECTION 44K(2) OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) IN RELATION TO THE APPLICATION FOR DECLARATION OF A SERVICE PROVIDED BY PORT OF NEWCASTLE OPERATIONS PTY LTD
File number: ACT 1 of 2016
Tribunal: MANSFIELD J (PRESIDENT) MR RF SHOGREN (MEMBER) mR r STEINWALL (MEMBER)
Date of judgment: 16 June 2016
Catchwords: COMPETITION – Application for review of a decision by the Minister under s 44K(2) of the Competition and Consumer Act 2010 (Cth) (the Act) not to declare a service – where decision of Minister is varied and service declared – where applicant applies for costs against monopoly infrastructure provider under s 44KB of the Act COSTS – application for costs by applicant upon review of a decision by the Minister under s 44K(2) of the Competition and Consumer Act 2010 (Cth) (the Act) not to declare a service – considerations relevant to exercise of discretionary power of Tribunal under s 44KB of the Act
Legislation: Competition and Consumer Act 2010 (Cth) Trade Practices Amendment (Infrastructure Access) Act 2010 (Cth) National Third Party Access Code for Natural Gas Pipeline Systems Gas Pipelines Access Law Trade Practices Act 1974 (Cth) Copyright Act 1968 (Cth)
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