Quantcast
Channel: Judgments RSS
Viewing all articles
Browse latest Browse all 18178

Port of Newcastle Operations Pty Ltd v Australian Competition and Consumer Commission [2017] FCA 1330

$
0
0
PRACTICE AND PROCEDURE - application for extension of time to apply for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - consideration of prejudice to other parties in exercise of discretion - no relevant prejudice in allowing extension of time- extension of time granted ADMINISTRATIVE LAW - application for judicial review - challenge to decision of the ACCC that it was satisfied of the existence and notification of an access dispute as per s 44S of the Competition and Consumer Act 2010 (Cth) (the Act) - whether arbitration process validly commenced and should be permitted to proceed in circumstances where applicant claims statutory preconditions contained in in the Act have not been met - whether issues raised by applicant "ripe" for judicial determination - no final determinations yet made by the ACCC in arbitration process - applicant's claims fail as a matter of law - relief denied on discretionary grounds considering statutory scheme under which arbitration is being conducted - originating application dismissed

Viewing all articles
Browse latest Browse all 18178

Trending Articles



<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>