Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 745

Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd (No 2) [2020] FCA 745

Application for discovery by non-parties is premature and inconsistent with s 83 of the Competition and Consumer Act 2010 as no defence has been filed and no issues have been joined on the pleadings; discovery cannot meet the requirements of relevance under Federal Court Rules.

Parties
Applicant: Mayfield Development Corporation Pty Ltd; First Respondent: NSW Ports Operations Hold Co Pty Ltd; Second Respondent: Port Botany Operations Pty Ltd; Third Respondent: Port Kembla Operations Pty Ltd; Interested Person: Australian Competition & Consumer Commission; Interested Person: Port of Newcastle Operations Pty Limited; Interested Person: Port of Newcastle Investments (Property) Pty Limited; Interested Person: Port of Newcastle Investments Pty Limited; Interested Person: State of New South Wales
Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Interlocutory Application / Application for Discovery by Non Parties During Stay
Outcome
Application for discovery dismissed; leave granted for filing amended originating application and amended statement of claim; costs ordered forthwith.
Legal Topics
Discovery, Stay of Proceedings, Civil Penalty Proceedings, Section 83 Competition and Consumer Act, Federal Court Rules R 20.11 and R 20.23
Practice and Procedure Competition Law Discovery Stay of Proceedings Civil Penalty Proceedings Section 83 Competition and Consumer Act Federal Court Rules R 20.11 and R 20.23

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Parties

Mayfield Development Corporation Pty Ltd

Applicant

NSW Ports Operations Hold Co Pty Ltd

First Respondent

Port Botany Operations Pty Ltd

Second Respondent

Port Kembla Operations Pty Ltd

Third Respondent

Australian Competition & Consumer Commission

Interested Person

Port of Newcastle Operations Pty Limited

Interested Person

Port of Newcastle Investments (Property) Pty Limited

Interested Person

Port of Newcastle Investments Pty Limited

Interested Person

State of New South Wales

Interested Person

Procedural Posture

Interlocutory Application / Application for Discovery by Non Parties During Stay

Legal Issues

  1. 1 Whether application for discovery by non-parties should be granted during stay of proceeding
  2. 2 Whether application is premature given no defence filed
  3. 3 Whether discovery meets the requirements of relevance under Federal Court Rules

Ratio Decidendi

Application for discovery by non-parties is premature and inconsistent with s 83 of the Competition and Consumer Act 2010 as no defence has been filed and no issues have been joined on the pleadings; discovery cannot meet the requirements of relevance under Federal Court Rules.

Court Disposition

Application for discovery dismissed; leave granted for filing amended originating application and amended statement of claim; costs ordered forthwith.

Orders

  • Stay varied to permit filing and service of amended originating application and amended statement of claim.
  • Respondents are not obliged to take steps in response to amended documents until further order.