High Court of Australia
HIGH COURT OF AUSTRALIA
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
Matter No M17/2008
BHP BILLITON IRON ORE PTY LTD APPELLANT
AND
THE NATIONAL COMPETITION COUNCIL & ANOR RESPONDENTS
Matter No P6/2008
BHP BILLITON IRON ORE PTY LTD & ANOR APPELLANTS
AND
THE NATIONAL COMPETITION COUNCIL & ANOR RESPONDENTS
BHP Billiton Iron Ore Pty Ltd v National Competition Council
BHP Billiton Iron Ore Pty Ltd v National Competition Council
[2008] HCA 45
24 September 2008
M17/2008 & P6/2008
ORDER
Matter No M17/2008
1. Appeal dismissed with costs.
Matter No P6/2008
1. Appeal dismissed with costs.
On appeal from the Federal Court of Australia
Representation
A C Archibald QC with M H O'Bryan and P D Crutchfield for the appellants (instructed by Blake Dawson Waldron)
C M Scerri QC with I B Stewart for the first respondents (instructed by Clayton Utz Lawyers)
S J Gageler SC with N J O'Bryan SC and J C Giles for the second respondents (instructed by D L A Phillips Fox)
N J Young QC with P W Collinson SC intervening on behalf of Rio Tinto Limited (instructed by Allens Arthur Robinson)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
BHP Billiton Iron Ore Pty Ltd v National Competition Council
BHP Billiton Iron Ore Pty Ltd v National Competition Council
Trade practices – Competition – Access to services – "Service" defined in s 44B of Trade Practices Act 1974 (Cth) to include use of "infrastructure facility" such as road or railway, but not to include use of "production process" – Federal Court of Australia declared railway line service to be s 44B service – Whether access sought by third party to railway line service use of production process.
Words and phrases – "access agreement", "infrastructure facility", "facility", "service", "use of a production process".
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