Port of Newcastle says Botany 'inoculated from competition' for 50 years on second day of ACCC full court appeal to Federal Court

Ian Kirkwood
By Ian Kirkwood
Updated March 1 2022 - 9:02am, first published February 18 2022 - 4:30pm
MONOPOLY PROTECTION: Some of the container terminal capacity at Port Botany, operated under a 99-year lease by a consortium known as NSW Ports. The ACCC's court action - both the original case decided last year and the full court appeal under way this week - involves it seeking to prove that the restrictions on Newcastle's ability to build a container terminal breached federal competition law.

THE Port of Newcastle yesterday outlined the grounds for its cross-claim in the ACCC's full Federal Court appeal case, arguing that the "reimbursement" Port Commitment Deed (PCD) requiring any future Newcastle container terminal to pay Botany's owners was "very unusual" and could only act to "substantially lessen competition".


Ian Kirkwood

Ian Kirkwood


Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.