Application by APA GasNet Australia (Operations) Pty Limited [2013] ACompT 4

Application by APA GasNet Australia (Operations) Pty Limited [2013] ACompT 4

The Tribunal held that, on the basis of the material before it, each of APA GasNet's four grounds of review meets the financial threshold of the National Gas Law and gives rise to a serious issue to be tried. Accordingly, leave to apply for review of the AER's full access arrangement decision is granted.

Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Tribunal Review Under National Gas Law / Application for Leave to Apply for Review
Outcome
Leave granted for application for review.
Legal Topics
['merits Review' 'access Arrangements' 'gas Transmission' 'regulatory Decisions']
['energy Law' 'administrative Law' 'competition Law'] ['merits Review' 'access Arrangements' 'gas Transmission' 'regulatory Decisions']

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Procedural Posture

Tribunal Review Under National Gas Law / Application for Leave to Apply for Review

Legal Issues

  1. 1 ['Whether the financial threshold in s 249 of the National Gas Law is met' 'Whether there is a serious question to be tried for each ground of review: interval of delay, opening capital base, depreciation/indexation, and rate of return/cost of equity' 'Whether the AER made errors of fact or unreasonableness in its reviewable decision']

Ratio Decidendi

The Tribunal held that, on the basis of the material before it, each of APA GasNet's four grounds of review meets the financial threshold of the National Gas Law and gives rise to a serious issue to be tried. Accordingly, leave to apply for review of the AER's full access arrangement decision is granted.

Court Disposition

Leave granted for application for review.

Orders

  • ['Leave is granted to the Applicant to apply to the Tribunal for review of the full access arrangement decision made by the Australian Energy Regulator in relation to the Applicant published on 29 April 2013 in terms of its Application made on 20 May 2013.' 'The matter will proceed to hearing unless further...