FEDERAL COURT OF AUSTRALIA
Clean Energy Regulator v E Connect Solar & Electrical Pty Ltd [2023] FCA 1082
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- Case
- [2023] FCA 1082
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Pecuniary penalty
5. The first respondent pay to the Commonwealth of Australia a pecuniary penalty in the sum of $200,000.
6. The second respondent pay to the Commonwealth of Australia a pecuniary penalty in the sum of $20,000.
7. The third respondent pay to the Commonwealth of Australia a pecuniary penalty in the sum of $20,000.
Injunctive relief
8. Pursuant to s 154S(2) of the REE Act:
(a) the second and third respondents shall take all reasonable steps to obtain the consent of the owners of the systems the subject of the installations for the purposes of having a CEC-accredited person inspect the installations and carry out testing and commissioning tests in accordance with section 11 of the Installation Guidelines Version 13 dated 2 November 2019 (the inspections);
(b) if any of the inspections identifies any defects with an installation, the second and third respondents shall take all reasonable steps to arrange for the installation of a new system or to remedy any identified defect;
(c) the second respondent must take reasonable steps to ensure that any company in respect of which he is an executive officer, or the conduct of which he is in a position to influence, does not provide false or misleading information to any person in relation to the creation of renewable energy certificates associated with the installation of any solar power generation system by that company; and
(d) the third respondent must take reasonable steps to ensure that any company in respect of which he is an executive officer, or the conduct of which he is in a position to influence, does not provide false or misleading information to any person in relation to the creation of renewable energy certificates associated with the installation of any solar power generation system by that company.
Other orders
9. The second and third respondents pay the applicant’s costs of the proceedings, fixed in the sum of $30,000, with the second respondent liable for the applicant’s costs in the sum of $15,000 and the third respondent liable for the applicant’s costs in the sum of $15,000.
10. The amount of $35,000 ordered against the second respondent by Orders 6 and 9 above be paid by way of instalments as follows:
(a) $17,500 within three months of the date of these orders; and
(b) $17,500 within six months of the date of these orders.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Annexure A
UNDERTAKING BY THE APPLICANT
In accordance with Order 1 of the Orders of the Hon. Justice Derrington dated 23 March 2023 and made in Federal Court of Australia proceeding No. QUD 468 of 2022, the Applicant, the Clean Energy Regulator, undertakes to the Court that it will not enforce any monetary relief against the First Respondent, E Connect Solar & Electrical Pty Ltd (in liquidation) ACN 625 797 337 while in liquidation, without the leave of the Court.
Annexure B
No.
Date of Installation
Installation Address
1.
9 January 2019
1 ANZAC Street, Nrth St Marys NSW 2760
2.
10 January 2019
5 Corunna Avenue, Leumeah NSW 2560
3.
12 January 2019
8 Spinebill Place, Cranebrook NSW 2749
4.
22 August 2019
14 Jonquil Close, Toronto NSW 2283
5.
22 August 2019
63 Tarragon Way, Chisholm NSW 2322
6.
22 August 2019
25 Derribong Street, Wongarbon, NSW 2831
7.
22 August 2019
121 Cobbora Road, Dubbo NSW 2830
8.
23 August 2019
19 Hazelwood Drive, Dubbo 2830
9.
26 August 2019
6 Bay Street, Balcolyn NSW 2264
10.
26 August 2019
16 Morton Parade Rankin Park, NSW 2287
11.
26 August 2019
13 Aspley Crescent, Dubbo NSW 2830
12.
28 November 2019
25 Hillcrest Drive, Gillieston Heights NSW 2321
13.
28 November 2019
230 Webbers Creek, Paterson NSW 2421
14.
28 November 2019
11 Kennewell Parade, Tuncurry NSW 2428
15.
29 November 2019
21 Russell Street, Clarence Town NSW 2321
16.
29 November 2019
22 Llewellyn Street, Saratoga NSW 2251
17.
2 December 2019
16 Endeavour Close, Woodrising NSW 2284
18.
2 December 2019
144 Lakes Boulevard Wooloweyah NSW 2464
19.
3 December 2019
96 Jubilee Street, Townsend NSW 2463
20.
3 December 2019
19 Roderick Street, Maclean NSW 2463
21.
3 December 2019
9 Tranquil Place, Alexandra Headland Q 4572
22.
4 December 2019
Unit 2, 31 Orion Drive, Yamba NSW 2464
23.
4 December 2019
1 Oxley Close, Raymond Terrace NSW 2324
24.
5 December 2019
63 Freyberg Street, New Lambton NSW 2305
25.
5 December 2019
101 River Street, Maclean NSW 2463
26.
5 December 2019
79 Wharf Street, Maclean NSW 2463
27.
5 December 2019
100 Dawson Road, Raymond Terrace NSW 2324
28.
6 December 2019
360 James Creek Road, Maclean NSW 2463
29.
6 December 2019
40 Wilton Drive, East Maitland NSW 2323
30.
7 December 2019
22 Ford Street, Oxley Vale NSW 2340
31.
9 December 2019
19 Daniels Close, Rushforth NSW 2460
32.
9 December 2019
24 Jean Norman Close, Wyoming NSW 2250
33.
9 December 2019
16 Garwood Street Rutherford, NSW 2320
34.
9 December 2019
28 The Patio Street, Hillvue NSW 2340
35.
10 December 2019
Unit 2, 16 Eskdale Drive, Raymond Terrace NSW 2324
36.
10 December 2019
10 Rosetta Close, Raymond Terrace NSW 2324
37.
10 December 2019
76 Kelly Street, South Grafton NSW 2460
38.
10 December 2019
2 Jill Street, South Tamworth NSW 2340
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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