Rail Access Corporation v New South Wales Minerals Council Ltd [1998] FCA 1266

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - competition and access– application for a declaration that the provision of the use of an infrastructure facility known as the Hunter Railway Line (part of the New South Wales Rail Network) is a "government coal – carrying service" within s.78 of the Competition Policy Reform Act 1995 (Cth) and therefore incapable of being regarded as a "service" for the purpose of Part IIIA of the Trade Practices Act 1974 (Cth) for a five year period – consideration of Competition Principles Agreement between the Commonwealth of Australia and States and Territories – distinction between use of an infrastructure facility and the handling or transporting of goods and people by such an infrastructure facility – service provided by Rail Access Corporation under Transport Administration Act 1988 (NSW) Trade Practices Act 1974 (Cth): s 163A, ss 44F(1) & (2), ss 44H(1) & (9), s 44K(2), s 44S, s 44ZP, s 44ZR Part IIIA Competition Policy Reform Act 1995 (Cth): s 78 Part XIA, Part IIA Transport Administration Act 1988 (NSW): s 19A(1), s 19B, s 19C, s 19D(1), s 19E, s 19E(5), s 19G, s 19H, s 19I(2) Sch 6A Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 (NSW) RAIL ACCESS CORPORATION v NEW SOUTH WALES MINERALS COUNCIL LIMITED NG 472 of 1998 JUDGES: BLACK CJ, WILCOX & GOLDBERG JJ PLACE: SYDNEY DATE: 9 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 472 of 1998

BETWEEN: RAIL ACCESS CORPORATION

Applicant

AND: NEW SOUTH WALES MINERALS COUNCIL LIMITED

Respondent

JUDGES: BLACK CJ, WILCOX & GOLDBERG JJ

DATE OF ORDER: 9 OCTOBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules