Federal Court of Australia
AUSTRALIAN COMPETITION TRIBUNAL
Application by Port of Newcastle Operations Pty Ltd [2021] ACompT 1 Review from: Application for authorisation AA1000473 lodged by New South Wales Minerals Council on behalf of itself, certain coal producers that export coal through the Port of Newcastle, and mining companies requiring future access through the Port, and the determination made by the ACCC on 27 August 2020
File number: ACT 2 of 2020
Tribunal: O'BRYAN J (Deputy President)
Date of Determination: 9 March 2021
Catchwords: PRACTICE AND PROCEDURE – submissions and materials filed by interested third party – imposition of confidentiality restrictions – relevance of Harman undertaking – whether personal undertaking by individual recipient required
Legislation: Competition and Consumer Act 2010 (Cth) ss 101, 103, 106
Cases cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Otter Gold Mines v McDonald (1997) 76 FCR 467
Date of hearing: Determined on the papers
Date of last submissions: 5 March 2021
Registry: Victoria
Number of paragraphs: 14
Solicitor for Port of Newcastle Operations Pty Limited: Clayton Utz
Solicitor for NSW Minerals Council: Clifford Chance
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