Energex Limited v Alstom Australia Limited

Energex Limited has filed a claim against Alstom Australia Limited and other corporate respondents, collectively referred to as the Schneider respondents, alleging a series of unlawful agreements and arrangements, known as the Transformer Arrangement, in the supply of power and distribution transformers. Energex claims that the corporate respondents, under the auspices of the Australian Electrical and Electronic Manufacturers Association Limited, engaged in collusive tendering from 1980 onwards to maintain their market shares. The Schneider respondents have moved to dismiss Energex's claims.

The central legal issues the court had to address were whether the claims were statute-barred under the Limitation Act and whether they disclosed a cause of action. The Schneider respondents argued that the claims were time-barred, while Energex contended that the claims were within the limitation period. The court needed to determine whether the limitation period began to run when the contracts were entered into or when the damages became ascertainable.

The court found that the claims were not statute-barred. It held that the Limitation Act did not commence to run until the damages were ascertainable, which, in this case, was when the successful bids were awarded. The court further found that the claims disclosed a cause of action, as Energex had adequately pleaded the elements of a conspiracy under the Trade Practices Act. The Schneider respondents' motion to dismiss the claims was therefore dismissed. The matter was stood over to determine issues of costs and to give directions for the future conduct of the proceeding.