Having lost a challenge to privatisation agreements by NSW Ports, the competition regulator wants to intervene in a High Court appeal by Mayfield Developments, which failed in its own case against the port authority.
The competition regulator is seeking to intervene in Mayfield Development’s appeal to the High Court in a case the developer says could have “startling” consequences.
Mayfield Developments has argued the High Court should overturn a finding that NSW Ports was protected by derivative Crown immunity in entering allegedly uncompetitive agreements to privatise two ports, saying the decision could have “startling” consequences such as allowing the state to devise cartel arrangements.
Piper Alderman claims a judge erred in finding there was no evidence that an agreement between Maurice Blackburn and Phi Finney McDonald to cooperate in running an ad tech class action against Google was struck for an anti-competitive purpose.
Mayfield Development has been granted the High Court’s leave to make its argument that derivative Crown immunity does not apply to NSW Ports, in a seven-year-old competition case.
A judge that granted carriage of a Google ad tech class action to Maurice Blackburn and Phi Finney McDonald has reiterated concerns that such cooperative arrangements between firms could breach competition law.
GM can’t strike out a class action over alleged faulty transmissions in Holden cars, with a judge saying the case doesn’t need to identify the “precise mechanical, metallurgical or engineering explanation” for alleged defects.
Mayfield Development’s competition case against NSW Ports over agreements to privatise two ports has made it to the High Court, with the developer pressing its argument that derivative Crown immunity did not apply to the port authority.
An appeals court has dismissed a competition case by Mayfield Development against NSW Ports over agreements to privatise two ports, finding that derivative Crown immunity applied to the port authority.
A judge has said he is satisfied that GM’s concerns about a class action’s “circular” explanation of alleged design flaws in certain Holden vehicles are “not trivial”.