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Posted by David Sexton
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6 May, 2026
MAYFIELD Development Corporation has welcomed a decision by the High Court of Australia allowing its appeal in Mayfield Development Corporation Pty Ltd v NSW Port Operations Hold Co Pty Ltd.
The High Court handed down its judgement this week, setting aside earlier Federal Court orders, dismissing cross-appeals and ordering the matter be remitted for further determination.
The case was heard before Chief Justice Stephen Gageler and Justices Gordon, Edelman, Gleeson and Beech-Jones.
Mayfield Development Corporation Pty Ltd was the appellant with NSW Port Operations Hold Co. Pty Ltd and others listed as respondents.
“The appeal should be allowed. The consequence of allowing the appeal is that the cross-appeals by NSW Ports and the state from the costs orders in the Full Court are inutile and must be dismissed,” the court judgement stated.
In a statement, Mayfield Development Corporation welcomed the outcome.
“Importantly, the [High 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 or the deed of release,” MDC stated.
“This is a significant step forward for Mayfield after many years of seeking to have its claims heard and determined.”
The case relates to Mayfield’s “lost opportunity” to develop a container terminal at Newcastle and the effect of the Port Commitment Deeds entered into during the privatisation of Port Botany and Port Kembla.
“While today’s decision is a major milestone, the substantive claims remain to be determined by the Federal Court,” MDC stated.
“For that reason, Mayfield will not comment further on the merits of the ongoing proceedings at this time.”
Mayfield said it remained “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”.
