Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 4) [2024] FCA 538

Federal Court of Australia

Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 4) [2024] FCA 538 File number(s): NSD 862 of 2019

Judgment of: MCELWAINE J

Date of judgment: 22 May 2024

Catchwords: ESTOPPEL -issue estoppel-parallel proceedings by ACCC as regulator and applicant alleging breach of s 45 of the Competition and Consumer Act 2010 (CCA) concerning Port Commitment Deeds entered into by State of NSW-stay of applicant's proceeding- ACCC Proceeding fails at trial-Full Court Appeal-applicant given leave to intervene-Full Court determines that derivative Crown immunity is not displaced by CCA and impugned conduct not subject to CCA provisions-whether applicant is precluded by issue estoppel from relitigating that question-whether and in what circumstances issue estoppel operates to preclude a non-party intervener from raising the same issue-issue estoppel not established. Abuse of process-whether applicant's conduct in seeking to relitigate a question determined by the Full Court when granted leave to intervene and to make submissions amounts to an abuse of process-abuse of process not established. Stare decisis-derivative Crown immunity as determined by the Full Court is a complete answer to the applicant's claims. Deed of Settlement and Release-construction- whether applicant's proceeding against corporations not a party to the deed is a claim against the State of NSW as counterparty-held deed does not bar the applicants proceeding. Separate questions answered accordingly.