Fortescue wins High Court decision in long running Pilbara rail access dispute
On Friday the High Court handed down its decision in relation to the long running access dispute between Fortescue Metals and BHP Billiton and Rio Tinto over access to BHP Billiton’s and Rio Tinto’s iron ore railways in the Pilbara. DLA Piper acted for Fortescue in the proceedings.
The High Court allowed Fortescue’s appeal in all three of the matters before it. By majority decision the High Court quashed the determinations of the Australian Competition Tribunal (Tribunal) and remitted the matters to the Tribunal to be decided according to law. Justice Heydon, who dissented in part, would have declared the services provided by BHP Billiton’s and Rio Tinto’s iron ore railways in the Pilbara without remittal to the Tribunal.
With only one exception, Fortescue was successful on all the grounds it argued. In particular, the court was emphatic in its view that the Tribunal had misapprehended its task in reviewing the Minister’s decision to declare or not declare infrastructure services under the Trade Practices Act 1974 (Cth) (now the Competition and Consumer Act 2010. In addition the court significantly pared back the ability of the Tribunal to look at extraneous matters under the guise of (what Rio Tinto and BHP Billiton unsuccessfully argued was) a wide public interest test and discretion…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
Health Alert — changes to Commonwealth Seniors Health Card; Cheney v Mid North Coast Local Health District; and more
DLA Piper has released the 15 December 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The president and key members of his administration have signalled that tax reform is a high priority and one of a short list of legislative accomplishments that he would like to complete during his final two years in office.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.