Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 3) [2023] FCA 713

Federal Court of Australia

Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 3) [2023] FCA 713 File number: NSD 862 of 2019

Judgment of: LEE J

Date of judgment: 22 June 2023

Date of publication of reasons: 28 June 2023

Catchwords: PRACTICE AND PROCEDURE – where proceeding stayed pending determination of proceeding commenced by Australian Competition and Consumer Commission (ACCC) – where ACCC proceeding and appeal now finalised – matter to be progressed with case management imperatives in Pt VB of the Federal Court of Australia Act 1976 (Cth) in mind PRACTICE AND PROCEDURE – where applicant intends to contend Full Court plainly wrong – whether proceeding properly constituted – whether separate determination of issues appropriate – whether demurrer appropriate

Legislation: Competition and Consumer Act 2010 (Cth) ss 2B(1)(a), 45, 45(2)(a)(ii) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) Pt VB, s 37P(2) Federal Court Rules 2011 (Cth) r 30.01

Cases cited: Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd [2007] HCA 38; (2007) 232 CLR 1 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2021] FCA 720 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2023] FCAFC 16; (2023) 407 ALR 627 Australian Competition and Consumer Competition v NSW Ports Operations Hold Co Pty Ltd (No 2) [2021] FCA 1040 Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 260 Wynyard Investments Pty Ltd v Commissioner for Railways (NSW) (1955) 93 CLR 376