ANGLO PORTS
High Court of Australia hears MDC appeal
December 4 2025
Mayfield Development Corporation Pty Ltd
v
NSW Port Operations Hold Co Pty Ltd & ORS
(S122/2025)
The appeal by Mayfield Development Corporation Pty Ltd against NSW Port Operations Hold Co Pty Ltd and others (S122/2025) was heard by the High Court of Australia on 4 December 2025 before Justices Gleeson, Gordon, Gageler, Edelman and Beach-Jones.
The appeal challenges earlier Federal Court findings that NSW Ports were entitled to rely on “derivative Crown immunity” in connection with the Port Commitment Deeds, with the effect that key provisions of Australian competition law did not apply.
The Australian Competition and Consumer Commission was granted leave to intervene.
The matter represents a significant test case on the scope of Crown immunity and the application of competition law in the context of Australian port privatisations, with judgment currently reserved.
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High Court of Australia grants MDC leave to appeal
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August 7 2025
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MAYFIELD DEVELOPMENT CORPORATION PTY LTD ACN 154 495 048
Applicant
NSW PORT OPERATIONS HOLD CO PTY LTD ACN 163 262 351 & ORS
Respondent​
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Special Leave to appeal was granted to MDC by the High Court of Australia​​
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