REGULATORY body the Australian Competition and Consumer Commission (ACCC) has confirmed it has sought leave to intervene in the High Court case of Mayfield Development Corporation v NSW Ports (and others).
As reported by Daily Cargo News two months ago, the court agreed to review an earlier Federal Court finding that the three port operators in New South Wales enjoy derivative immunity from antitrust laws.
That the High Court would review the matter was considered a win for Mayfield.
An ACCC spokesperson said that on 9 October 2025, it filed a submission “seeking leave to intervene in the Mayfield Development Corporation v NSW Ports and Others High Court proceeding”.
“The ACCC has sought leave to intervene to make submissions in support of the appellant on the question as to whether the conduct of NSW Ports in entering in the Port Commitment Deeds was subject to Part IV of the Competition and Consumer Act, or whether NSW Ports enjoyed the benefit of derivative crown immunity,” the regulator stated.
Mayfield’s appeal was filed in early May and was connected with the 2012 decision by the NSW government to develop Port Botany as the state’s main container port and that the existing ports would be privatised.
According to the High Court filing, the proceeding arises from the decision of the state government in around 2013 to privatise Port Botany, Port Kembla and the Port of Newcastle.
Mayfield argues that it lost the opportunity to develop land at the Port of Newcastle because the state entered into agreements with the operators of each of Port Botany and Port Kembla.
Mayfield contends that entry into the port commitment deeds, as well as the arrival at an alleged understanding between the respondents, breached elements of the Commonwealth Competition and Consumer Act 2010.