Application by Multinet Gas (DB No 1) Pty Ltd [2013] ACompT 5

Application by Multinet Gas (DB No 1) Pty Ltd [2013] ACompT 5

The Tribunal found a serious issue exists to be heard and determined regarding the grounds of review raised by Multinet, particularly relating to the AER's use of the ESC capex benchmark instead of actual conforming capital expenditure for 2012 when calculating the opening capital base. As the financial threshold...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 July 2013
Procedural Posture
Review Application / Leave to Apply for Review Granted
Outcome
Leave to apply for review granted
Legal Topics
['access Arrangement Review' 'national Gas Law' 'capital Base Determination' 'regulatory Decision Review']
['administrative Law' 'energy Regulation'] ['access Arrangement Review' 'national Gas Law' 'capital Base Determination' 'regulatory Decision Review']

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Procedural Posture

Review Application / Leave to Apply for Review Granted

Legal Issues

  1. 1 ["Whether the AER erred in its treatment of Multinet's 2012 capital expenditure for the purpose of determining the opening capital base" 'Whether errors of fact, incorrect exercise of discretion or unreasonableness as specified in s 246 of the National Gas Law exist']

Ratio Decidendi

The Tribunal found a serious issue exists to be heard and determined regarding the grounds of review raised by Multinet, particularly relating to the AER's use of the ESC capex benchmark instead of actual conforming capital expenditure for 2012 when calculating the opening capital base. As the financial threshold was satisfied and no statutory bars to leave applied, leave was granted for review confined to the matters raised in the application.

Court Disposition

Leave to apply for review granted

Orders

  • ['Leave is granted to the Applicant to apply to the Tribunal for review of a reviewable regulatory decision of the Australian Energy Regulator published on 29 April 2013 on the grounds of review specified in its application dated 20 May 2013.']