Mayfield Development Corporation Pty Ltd ACN 154 495 048 v. NSW Port Operations Hold Co Pty Ltd ACN 163 262 351 & Ors

Lower Court Judgment

03/04/2025 Federal Court of Australia (Lee, Colvin and Stewart JJ) 

[2025] FCAFC 43

Catchwords

Statutory interpretation – derivative Crown immunity – appellant alleges breach of ss 45 and 45D of the Competition and Consumer Act 2010 (Cth) (CCA) by entry into Port Commitment Deeds – consideration of Crown immunity as a general principle of statutory construction – where similar ACCC proceedings in Federal Court of Australia failed by reason of derivative Crown immunity – consideration of reasoning in Australian Competition and Consumer Commission v Baxter Healthcare Pty Limited regarding derivative forms of Crown immunity – consideration of the nature of required consequences for the Crown in order for derivative aspects of Crown immunity principle of statutory construction to apply – where relevant conduct of State of New South Wales not conduct in carrying on a business – where court below found that CCA did not apply to conduct the subject of appellant’s claim – appeal in court below dismissed.