Court Judgements

Epic Energy and others v Dr Ken Michael Western Australian Independent Gas Pipeline Access Regulator

Western Australian Supreme Court August 15

EPIC Energy has succeeded in stopping Independent Gas Pipeline Access Regulator Ken Michael from passing on legal costs from the battle Epic has had with his office to increase the tariff it can charge to cart gas down the Dampier to Bunbury Natural Gas Pipeline.

The Gas Pipelines Access (Western Australia) Act allows for Mr Michael to apply his costs to Epic for things such as overheads his cost incurs. However, Justice John McKechnie declared that Mr Michael may not impose a fee or charge "according to the costs of or incidental to the regulator participating in judicial review proceedings in the Supreme Court, which costs shall be in the discretion of the Court or Judge and the Court or Judge shall have full power to determine by whom or out of what estate, fund or property and to what extent such costs are to be paid".