Port of Newcastle Operations Pty Ltd v Australian Competition and Consumer Commission [2017] FCA 1330

FEDERAL COURT OF AUSTRALIA

Port of Newcastle Operations Pty Ltd v Australian Competition and Consumer Commission [2017] FCA 1330 File number(s): NSD 1767 of 2017

Judge(s): JAGOT J

Date of judgment: 9 November 2017

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to apply for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – consideration of prejudice to other parties in exercise of discretion – no relevant prejudice in allowing extension of time– extension of time granted ADMINISTRATIVE LAW – application for judicial review – challenge to decision of the ACCC that it was satisfied of the existence and notification of an access dispute as per s 44S of the Competition and Consumer Act 2010 (Cth) (the Act) – whether arbitration process validly commenced and should be permitted to proceed in circumstances where applicant claims statutory preconditions contained in in the Act have not been met – whether issues raised by applicant "ripe" for judicial determination – no final determinations yet made by the ACCC in arbitration process – applicant's claims fail as a matter of law – relief denied on discretionary grounds considering statutory scheme under which arbitration is being conducted – originating application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Competition and Consumer Act 2010 (Cth) ss 44B, 44K, 44R, 44S, 44T, 44U, 44V, 44W, 44X, 44XA, 44Y, 44YA, 44Z, 44ZF, 44ZG, 44ZNB, 44ZO, 44ZP Judiciary Act 1903 (Cth) s 39B Ports and Maritime Administration Act 1995 (NSW) ss 48, 50, 67