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

Case No. S122/2025
Case information

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.

Case Summary

Download a brief summary of the case

Documents
07/08/2025 Determination
21/08/2025 Notice of appeal
27/08/2025 Notice of cross-appeal (First to third respondents)
27/08/2025 Notice of contention (First to third respondents)
28/08/2025 Notice of cross-appeal (Fourth respondent) 
28/08/2025 Notice of contention (Fourth respondent)
25/09/2025
25/09/2025
09/10/2025
23/10/2025
23/10/2025
13/11/2025
Reply (Appellant) (534.61 KB)
04/12/2025 Hearing (Full Court, Canberra)
04/12/2025
04/12/2025
04/12/2025
04/12/2025
06/05/2026 Judgment (Judgment Summary) 
Case recording