NSW Ports not shielded by Crown immunity, Australian court rules in Mayfield case
( May 6, 2026, 00:41 GMT | Official Statement) -- MLex Summary: Mayfield Development prevailed in its appeal after Australia’s top court ruled that New South Wales Ports could not rely on derivative Crown immunity to avoid the application of competition law. In a judgment summary published on Wednesday, the High Court of Australia said it unanimously held that sections 45 and 45DA of the 2010 Competition and Consumer Act do apply to NSW Ports in its dealings with the state, rejecting the earlier finding that derivative Crown immunity applied to the ports. Section 45 prohibits arrangements or understandings that substantially lessen competition, while s 45DA(1) targets secondary boycotts.Summary and full judgment are attached....
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