Centennial Mandalong v Delta Electricity [2013] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: Centennial Mandalong v Delta Electricity [2013] NSWSC 1505 Hearing dates: 17/09/2013 Decision date: 17 October 2013 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Plaintiff entitled to first declaration sought. Stand over for further consideration of second declaration sought. Reserve costs. Catchwords: CONTRACTS - interpretation - where coal supply agreement provides for apportionment of charges attributable to coal sold - where government levies charges on carbon emissions associated with coal production - whether charges levied for carbon emissions attributable to coal sold - meaning of words "attributable to"; "attributibility"; "attribute" - whether causal connection between charges levied for carbon emissions during coal production and the subsequent sale of coal. Legislation Cited: Clean Energy Act 2011 (Cth) Clean Energy (Unit Shortfall Charge - General) Act 2011 (Cth) National Greenhouse and Energy Reporting Act 2007 (Cth) Repatriation Act 1920 (Cth) Veterans' Entitlements Act 1986 (Cth) Cases Cited: AFC Holdings Pty Ltd v Shiprock Holdings Pty Ltd (2010) 15 BPR 28, 199 Central Asbestos Co Ltd v Dodd [1973] AC 5 Dovuro Pty Ltd v Wilkins (2000) 105 FCR 476 Repatriation Commission v Law (1980) 31 ALR 140 Roncevich v Repatriation Commission (2005) 222 CLR 115 Category: Principal judgment Parties: Centennial Mandalong Pty Limited (Plaintiff) Delta Electricity (Defendant) Representation: Counsel: AC Archibald QC / J Williams NC Hutley SC / JA Watson Solicitors: Herbert Smith Freehills (Plaintiff) Jones Day (Defendant) File Number(s): 2012/384031