Salwa Marsh (led by Mr J Arnott SC and with Ms N Wootton for written submissions) represented the respondent, instructed by Baker McKenzie.
The case concerned the validity of a notice to produce documents and information issued to the applicant by the respondent, pursuant to s 206 of the National Energy Retail Law (NERL). The applicant sought various relief (as set out in the Amended Originating Application), including declarations regarding the proper construction of Rule 31 of the National Energy Retail Rules, and declarations that the Notice was not validly issued by the respondent. Also sought by the applicant were orders quashing the Notice. The Court held that Ergon was not entitled to any relief sought in its Amended Originating Application, and that the proceedings be dismissed, with costs.
The judgment can be read by clicking here
