East Australian Pipeline Pty Ltd v Australian Competition and Consumer Commission

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, HAYNE, HEYDON AND CRENNAN JJEAST AUSTRALIAN PIPELINE PTY LIMITED                   APPELLANTANDAUSTRALIAN COMPETITION AND CONSUMERCOMMISSION & ANOR             RESPONDENTSEast Australian Pipeline Pty Limited v Australian Competition and Consumer Commission[2007] HCA 4427 September 2007S57/2007ORDER1.Appeal allowed.2.Set aside order 4 of the orders of the Full Court of the Federal Court of Australia made on 2 June 2006 and orders 2, 3, 4 and 5 of the orders of that Court made on 18 August 2006.3.The first respondent to pay the costs of the appellant of the appeal to this Court and its costs incurred to date in the Federal Court of Australia.4.The balance of the application to the Federal Court of Australia by the first respondent for judicial review be stood over for further directions before the Full Court of that Court.     On appeal from the Federal Court of AustraliaRepresentationJ T Gleeson SC with N Manousaridis for the appellant (instructed by Middletons Lawyers)J B R Beach QC with S B Lloyd for the first respondent (instructed by Deacons Lawyers)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSEast Australian Pipeline Pty Limited v Australian Competition and Consumer CommissionTrade Practices – Third party access regime for natural gas pipelines – East Australian Pipeline Pty Limited ("EAPL") owned a natural gas pipeline which was a Covered Pipeline under the National Third Party Access Code for Natural Gas Pipeline Systems ("the Code") – EAPL was required...