High Court of Australia

The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal [2012] HCA 36

The Pilbara Infrastructure Pty Ltd v Australian Competition Tribunal

The National Competition Council v Hamersley Iron Pty Ltd

The National Competition Council v Robe River Mining Co Pty Ltd

246 CLR 379; 86 ALJR 1126; 291 ALR 1

14 Sep 2012

Case Number: M155/2011 M156/2011 M157/2011 M45/2011 M46/2011


French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ


Trade practices – Access to services – Minister's decision whether to declare services relating to railway lines in Pilbara pursuant to s 44F of Trade Practices Act 1974 (Cth) – Section 44H(4) required Minister to be satisfied of certain matters – Whether criterion for declaration of service in s 44H(4)(b) imposes test of private profitability – Whether public interest criterion in s 44H(4)(f) requires or permits inquiry into likely net balance of social costs and benefits – Whether any residual discretion.

Administrative law – Application to Australian Competition Tribunal ("Tribunal") under s 44K for review of Minister's decision to declare pursuant to s 44F – Review by Tribunal is re-consideration of the matter – Nature of review to be undertaken by Tribunal – Whether Tribunal could consider any material parties considered relevant.

Words and phrases – "public interest", "re-consideration of the matter", "re-hearing of the matter", "uneconomical for anyone to develop another facility to provide the service".

Trade Practices Act 1974 (Cth) – Pt IIIA, ss 44B, 44F, 44H, 44K, 163A.

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