The Australian Competition and Consumer Commission has issued proceedings against Global Green Plan Ltd alleging contempt of court.
The ACCC alleges that Global Green Plan breached Federal Court orders to purchase over 4,000 Renewable Energy Certificates (RECS).
In 2009 Global Green Plan acknowledged that it contravened the Trade Practices Act when it failed to buy enough RECS to account for the GreenPower sales that it made to consumers through its retail GreenPower business 'GreenSwitch'. Global Green Plan gave a court enforceable undertaking to the ACCC, promising to make up the shortfall by purchasing the RECS. When this didn't happen, the ACCC instituted proceedings in the Federal Court for breach of the undertaking, leading Justice Bennett to order that they purchase the RECS.
Under the order Global Green Plan had to purchase the outstanding 4,137 RECS by 30 November 2010. The ACCC alleges that this order was not complied with as these RECS have not been purchased to date.
A directions hearing has been set down in the Federal Court in Sydney on 21 April 2011.