ANGLO PORTS

May 6 2026

 

Mayfield Development Corporation welcomes today’s decision of the High Court of Australia allowing its appeal in Mayfield Development Corporation Pty Ltd v NSW Port Operations Hold Co Pty Ltd.

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The High Court has set aside the earlier Federal Court orders, dismissed the cross-appeals, and ordered that the matter be remitted for further determination. Importantly, the Court held that derivative Crown immunity is not a complete answer to Mayfield’s claims, and also rejected arguments that Mayfield was barred from pursuing its case by reason of the earlier ACCC proceeding. 

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This is an important step forward for Mayfield after many years of seeking to have its claims heard and determined. The case concerns Mayfield’s lost opportunity to develop a container terminal at the Port of Newcastle and the effect of the Port Commitment Deeds entered into during the privatisation of Port Botany and Port Kembla which effectively served to prevent fair competition.

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While today’s decision is a major milestone, the substantive claims remain to be determined by the Federal Court. 

 

Mayfield remains committed to pursuing its claims and to ensuring that the issues affecting competition, port development and the future of container capacity in New South Wales are properly examined.