Port of Newcastle Operations Pty Ltd v Australian Competition Tribunal

[2017] FCAFC 124

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Catchwords

1. consideration of an application for judicial review of a decision made by the Australian Competition Tribunal
1. consideration of the decision of the Full Court of the Federal Court of Australia in Sydney Airport Corporation Ltd v Australian Competition Tribunal and Others [2006] FCAFC 146; (2006) 155 FCR 124
1. scope of s 44H(4)(a) and of s 44H(4)(f)
1. consideration of the second respondent’s use of a Notice of Contention pursuant to r 36.24 of the Federal Court Rules 2011 (Cth)

Quick Take

Criterion (a) requires a comparison between access and no access (or increased access and restricted access) without reference to existing and likely future usage, and criterion (f) cannot be used to reintroduce considerations excluded from criterion (a).

Case Details

Citation[2017] FCAFC 124

CourtFCAFC

JurisdictionCommonwealth

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Cited by11

2022Harvey v Minister for Primary Industry and ResourcesFCAFC 66
2021Port of Newcastle Operations Pty Limited v Glencore Coal Assets Australia Pty LtdHCA 39
2020Glencore Coal Assets Australia Pty Ltd v Australian Competition TribunalFCAFC 145
2020Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCAFC 66
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