Application by Glencore Coal Pty Ltd (No 2) [2016] ACompT 7

Application by Glencore Coal Pty Ltd (No 2) [2016] ACompT 7

The Tribunal held that given the nature of the proceeding and PNO’s conduct, which did not unduly prolong or complicate the proceedings and contributed helpfully, it was not appropriate to exercise the discretion to award costs against PNO under s 44KB(1).

Parties
Applicant: Glencore Coal Pty Ltd; Respondent: Port of Newcastle Operations Pty Ltd; Intervener: National Competition Council
Jurisdiction
Australia
Judgment Date
16 June 2016
Procedural Posture
Application for Review / Costs Decision Following Review of Minister's Decision
Outcome
Application for costs dismissed; no order as to costs.
Legal Topics
Declaration of Services, Costs Discretion, Judicial Review of Ministerial Decisions
Competition Law Administrative Law Declaration of Services Costs Discretion Judicial Review of Ministerial Decisions

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Parties

Glencore Coal Pty Ltd

Applicant

Port of Newcastle Operations Pty Ltd

Respondent

National Competition Council

Intervener

Procedural Posture

Application for Review / Costs Decision Following Review of Minister's Decision

Legal Issues

  1. 1 Should the Tribunal exercise its discretion under s 44KB of the Competition and Consumer Act 2010 (Cth) to order costs against Port of Newcastle Operations Pty Ltd?
  2. 2 What is the proper approach to costs in Tribunal review proceedings under Pt IIIA of the Act?

Ratio Decidendi

The Tribunal held that given the nature of the proceeding and PNO’s conduct, which did not unduly prolong or complicate the proceedings and contributed helpfully, it was not appropriate to exercise the discretion to award costs against PNO under s 44KB(1).

Court Disposition

Application for costs dismissed; no order as to costs.

Orders

  • The decision of the Acting Federal Treasurer made on 8 January 2016 not to declare the service under s 44H of Part IIIA of the Competition and Consumer Act 2010 (Cth) be set aside.
  • The service is declared pursuant to s 44K(8) of Part IIIA, commencing 8 July 2016 and expiring 7 July 2031.