EPIC ENERGY (WA) NOMINEES PTY LTD & ANOR -v- DR KENNETH COMNINOS MICHAEL WESTERN AUSTRALIAN INDEPENDENT GAS PIPELINE ACCESS REGULATOR [2003] WASC 156
| (2003) 27 WAR 515 | |||
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASC 156 | |
| Case No: | CIV:2597/2002 | 17 JULY 2003 | |
| Coram: | MCKECHNIE J | 15/08/03 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | Some declarations made | ||
| A | |||
| PDF Version |
| Parties: | EPIC ENERGY (WA) NOMINEES PTY LTD (ACN 081 609 289) EPIC ENERGY (WA) TRANSMISSION PTY LTD (ACN 081 609 190) DR KENNETH COMNINOS MICHAEL WESTERN AUSTRALIAN INDEPENDENT GAS PIPELINE ACCESS REGULATOR ATTORNEY GENERAL FOR WESTERN AUSTRALIA |
Catchwords: | Delegated legislation Statutory construction power to make regulations necessary or convenient to give effect to act Whether reasonableness is part of such power Extent of power Costs Regulations allowing recovery of charges Whether regulation permits recovery of legal costs incurred in judicial proceedings Inconsistency Whether regulations inconsistent with Court's power to award costs |
Legislation: | Gas Pipelines Access (Western Australia) Act 1996 Gas Pipelines Access (Western Australia) (Funding) Regulations 1999 Supreme Court Act 1935 (WA), s 37 |
Case References: | Abson v Fenton (1822-23) 1 Barne & Cress 195 Commonwealth & The Central Wool Committee v Colonial Combing, Spinning & Weaving Co Ltd (1921-22) 31 CLR 421 De L v The Director General New South Wales Department of Community Services (1997) 190 CLR 207 Dowling v Commissioner of Water Resources [1993] 1 Qd R 70 Esmonds Motors Pty Ltd v Commonwealth of Australia (1970) 120 CLR 463 Jackson v Hall [1980] AC 845 Marsh v Shire of Serpentine-Jarrahdale (1966) 120 CLR 572 Re Dr Ken Michael AM; Ex parte Epic Energy WA Nominees Pty Ltd & Anor [2002] WASCA 231(S) Re Dr Ken Michael AM; Ex parte Epic Energy WA Nominees Pty Ltd & Anor [2002] WASCA 231; (2002) 25 WAR 511 Shanahan v Scott (1956) 96 CLR 245 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Air Caledonie International v The Commonwealth (1988) 165 CLR 462 Airservices Australia v Canadian Airlines International Ltd (1999) 202 CLR 133 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 AttorneyGeneral v Wilts United Dairies Ltd (1921) 37 TLR 884 Bond v The Queen (2000) 201 CLR 213 City of Belmont v Link Interiors Pty Ltd [2001] WASC 64 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Commonwealth of Australia v State of Western Australia (1999) 196 CLR 392 Costa v Shire of Swan [1983] WAR 22 Director of Public Prosecutions South Australia v B (1998) 194 CLR 566 Director of Public Prosecutions v Brown (1998) 100 LGERA 181 Gomba (UK) Holdings Ltd v Minories Finance Ltd (No 2) [1992] 4 All ER 588 Gosling v Veley [1847] 7 QB 406 Hamersley Iron Pty Ltd v Hancock, unreported; SCt of WA (Olney J); Library No 5195; 23 December 1983 Hepples v Commissioner of Taxation (Cth) (No 2) (1992) 173 CLR 492 Liverpool Corporation v Arthur Maiden Ltd… |
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- [2003] WASC 156
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CaseChat Overview and Summary
The plaintiffs, Epic Energy (WA) Nominees Pty Ltd and Epic Energy (WA) Transmission Pty Ltd, are the owner and operator of the Dampier to Bunbury natural gas pipeline. They brought proceedings against the defendant, Dr Kenneth Comninos Michael, the Western Australian Independent Gas Pipelines Access Regulator, challenging the validity of certain regulations made under the Gas Pipelines Access (Western Australia) Act 1996 ("the Act"). The plaintiffs sought declarations of invalidity or proper construction of the Gas Pipelines Access (Western Australia) (Funding) Regulations 1999 ("the funding regulations"). The Attorney General for Western Australia intervened in support of the validity of the regulations. The main legal issues were whether the regulations permitted full cost recovery and whether they allowed for the recovery of legal costs incurred in judicial proceedings. The court held that the funding regulations were within power and valid, but that the regulations should be construed to import a requirement of reasonableness into the service charges. Additionally, the regulations should not be construed as permitting the Regulator to recover costs incurred in judicial review proceedings. The court made declarations to that effect.
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