Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by Port of Newcastle Operations Pty Ltd (No 2) [2020] ACompT 3 Review from: The arbitration determination by the Australian Competition and Consumer Commission under section 44ZP of the Competition and Consumer Act 2010 (Cth) in relation to an access dispute between Glencore Coal Assets Australia Pty Ltd and Port of Newcastle Operations Pty Ltd
File number: ACT 2 of 2018 ACT 3 of 2018
Tribunal: O'BRYAN J (Deputy President) DR D ABRAHAM (Member) PROF K DAVIS (Member)
Date of Determination: 14 December 2020
Catchwords: CASE MANAGEMENT – determination of the Tribunal set aside by the Federal Court and remitted to the Tribunal for re-determination in accordance with law – where an application has been made to the High Court of Australia seeking special leave to appeal from the decision of the Federal Court – whether the Tribunal should proceed to hear the remitted matter before the High Court application has been determined – whether the Tribunal should allow an extension of time for Port of Newcastle Operations Pty Ltd to make an application for the issue of a notice under s 44ZZOAAA(5) of the Competition and Consumer Act 2010 (Cth)
Legislation: Competition and Consumer Act 2010 (Cth)
Cases cited: Glencore Coal Assets Australia Pty Ltd v Australian Competition Tribunal (2020) 382 ALR 331
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