RDT MRF (Hume) Pty Ltd (ABN 29 610 379 078) v Origin Energy Limited (ABN 30 000 051 696)

RDT MRF (Hume) Pty Ltd, a large consumer of electricity, sought to bring a proceeding against Origin Energy Limited, an electricity retailer, in the Australian Competition and Consumer Commission division of the Australian Competition and Consumer Tribunal (ACAT). The dispute involved the classification of RDT MRF (Hume) Pty Ltd as a ‘move-in’ consumer and the application of the National Energy Retail Law. RDT MRF (Hume) Pty Ltd argued that it was not a ‘move-in’ consumer and that the ACAT had jurisdiction to hear the matter. Origin Energy Limited contended that RDT MRF (Hume) Pty Ltd was a ‘move-in’ consumer, and that the ACAT did not have jurisdiction to hear the matter.

The court had to determine whether RDT MRF (Hume) Pty Ltd was a ‘move-in’ consumer and, if so, whether the ACAT had jurisdiction to hear the matter. The court also had to consider the operation of section 64 of the National Energy Retail Law, which deals with the potential transfer of matters between divisions of the ACAT. The court noted that RDT MRF (Hume) Pty Ltd was a large consumer of electricity and that the ACAT did not have jurisdiction to hear matters involving large consumers of electricity. The court held that RDT MRF (Hume) Pty Ltd was a ‘move-in’ consumer and that the ACAT did not have jurisdiction to hear the matter. The court also held that section 64 of the National Energy Retail Law did not apply in this case.

The court dismissed the application for want of jurisdiction. The court noted that RDT MRF (Hume) Pty Ltd had the right to file and serve a civil claim under the Australian Consumer Law or the National Energy Retail Law. The court granted RDT MRF (Hume) Pty Ltd leave to file and serve such an application by 24 May 2017. The court ordered that the current application be dismissed for want of jurisdiction, and that the dismissal take effect on 24 May 2017 or on the date on which RDT MRF (Hume) Pty Ltd filed and served a civil claim, whichever was the earlier date.