The Australian High Court grants leave to appeal the decision of the Federal Court regarding access to the Port of Newcastle (Port of Newcastle Operations / Glencore)

On 12 March 2021, the High Court of Australia (the "High Court") granted Port of Newcastle Operations Pty Ltd ("PNO") special leave to appeal the decision of the Full Court of the Federal Court of Australia ("Full Court") regarding access to the Port of Newcastle (the "Port"). Key takeaways The Full Court previously decided that an access seeker with only an economic interest in access to a declared service can have the terms of access decided by the Australian Competition and Consumer Commission ("ACCC") in an access arbitration, with the final determination binding the actual user of the declared service. PNO sought special leave to appeal