Minister for the Environment v Shri Ganesh Associates Pty Ltd

The Minister for the Environment applied to the Federal Court of Australia for a declaration that Shri Ganesh Associates Pty Ltd contravened section 12AA of the Fuel Quality Standards Act 2000 (Cth) by supplying diesel that did not comply with the Fuel Standard (Automotive Diesel) Determination 2001 (as amended). Shri Ganesh admitted that it supplied non-compliant diesel on two occasions in February and April 2013 but argued that it should not be subject to the declaration as it had voluntarily ceased selling and supplying diesel and taken steps to rectify the situation. The court needed to decide whether Shri Ganesh's actions constituted a contravention of the Act and whether it should be subject to a declaration and an injunction.

The court found that the agreed facts established the contravention of section 12AA of the Act. The court considered that it had the power to make a declaration under sections 21(1) and 23 of the Federal Court of Australia Act 1976 (Cth). The court accepted the Minister's submission that a declaration should be made, even though Shri Ganesh had taken steps to address the non-compliance. The court found that Shri Ganesh's actions constituted a contravention of the Act and that it was appropriate to make a declaration and grant an injunction against further contraventions. The court also ordered Shri Ganesh to pay the Minister's costs.

The court declared that Shri Ganesh contravened section 12AA of the Act by supplying non-compliant diesel on 5 February 2013 and 29 April 2013. The court ordered Shri Ganesh to be restrained from supplying non-compliant diesel in Australia for two years and to pay the Minister's costs as agreed or assessed. The court also ordered that the Minister's name be changed in the proceedings to reflect the current title.