Clean Energy Regulator v MT Solar Pty Ltd (No 2) [2013] FCA 210

Clean Energy Regulator v MT Solar Pty Ltd (No 2) [2013] FCA 210

Paragraph 129 of the Reasons for Judgment published on 8 March 2013 contained arithmetical errors in the calculated penalty ranges, but the Court had intended to impose, and did impose, a penalty of $70,000 on MT Solar Pty Ltd; the reasons should therefore be amended by substituting the corrected paragraph 129.

Jurisdiction
Australia
Judgment Date
11 March 2013
Procedural Posture
Amendment of Reasons for Judgment / Post Judgment Correction of Arithmetical Errors in Penalty Calculations
Outcome
Reasons for Judgment published on 8 March 2013 amended by substituting a corrected paragraph 129; the penalty of $70,000 on MT Solar Pty Ltd was confirmed.
Legal Topics
['amendment of Reasons for Judgment' 'correction of Arithmetical Errors' 'penalty Calculation' 'co Operation Discount' 'totality Principle']
['federal Court Procedure' 'civil Penalties'] ['amendment of Reasons for Judgment' 'correction of Arithmetical Errors' 'penalty Calculation' 'co Operation Discount' 'totality Principle']

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Procedural Posture

Amendment of Reasons for Judgment / Post Judgment Correction of Arithmetical Errors in Penalty Calculations

Legal Issues

  1. 1 ['Whether the Reasons for Judgment published on 8 March 2013 should be amended to correct arithmetical errors in the calculated ranges of penalties referred to in paragraph 129.' 'Whether the correction affected the penalty of $70,000 imposed on MT Solar Pty Ltd.']

Ratio Decidendi

Paragraph 129 of the Reasons for Judgment published on 8 March 2013 contained arithmetical errors in the calculated penalty ranges, but the Court had intended to impose, and did impose, a penalty of $70,000 on MT Solar Pty Ltd; the reasons should therefore be amended by substituting the corrected paragraph 129.

Court Disposition

Reasons for Judgment published on 8 March 2013 amended by substituting a corrected paragraph 129; the penalty of $70,000 on MT Solar Pty Ltd was confirmed.

Orders

  • ['Reasons for Judgment published on 8 March 2013 (Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205) be amended by deleting [129] thereof and substituting therefor [129] as indicated in the attached Reasons for Judgment.']