Statutes − Construction − Derivative Crown immunity − Where State of New South Wales ("State") agreed Port Commitment Deeds ("PCDs") with first to third respondents ("NSW Ports") − Where PCDs required State to compensate NSW Ports if certain ports were not at full capacity and certain volume of containers diverted to other port − Where appellant alleged NSW Ports' entry into PCDs breached ss 45 and 45DA(1) of Competition and Consumer Act 2010 (Cth) ("CCA") − Whether ss 45 and 45DA(1) of CCA bound NSW Ports despite presumption of derivative Crown immunity.
Equity − Estoppel − Abuse of process − Where Australian Competition and Consumer Commission previously brought similar proceedings against NSW Ports ("ACCC Proceedings") − Where ACCC Proceedings dismissed − Where appellant intervened in ACCC Proceedings on limited basis − Whether appellant estopped from bringing these proceedings − Whether these proceedings constituted abuse of process.
Contract − Deed of release − Where appellant executed deed of release in favour of State − Where NSW Ports not mentioned in or party to deed − Whether deed of release barred claim against NSW Ports.
Words and phrases – "abuse of process", "capacity to contract", "Crown immunity", "deed of release", "derivative Crown immunity", "estoppel", "freedom to contract", "impairment of legal relations", "issue estoppel", "legal rights or interests", "presumption of legislative intention".
Competition and Consumer Act 2010 (Cth), ss 2A, 2B, 2C, 45, 45DA, 51
Ports Assets (Authorised Transactions) Act 2012 (NSW), ss 7, 25, Pt 2
