Catchwords:

CONSUMER LAW – appeal from declarations of contraventions of r 31 of the National Energy Retail Rules and s 273 of the National Energy Retail Law and other orders – whether primary judge erred in construction and application of r 31 – whether necessary to assert an entitlement to payment – whether affected customers were “small customers” for the purposes of r 31 – whether primary judge erred in finding contravention of s 273(1) – proper construction of “overcharged” and “overcharging” within the meaning of r 31 – where necessary to assert an entitlement to payment of an excessive amount – where no anterior demand for payment for the supply of energy – where expedient in the interests of justice to determine grounds not raised at first instance – where meaning of “small customer” may include former customer – appeal allowed – cross-appeal dismissed – pecuniary penalty paid by the appellants to be repaid by the respondent