Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd

Mayfield Development Corporation Pty Ltd sought to lift a stay of proceedings against NSW Ports Operations Hold Co Pty Ltd. The stay was originally ordered by consent on 19 August 2019 and related to proceedings commenced by Mayfield on 31 May 2019 which were substantially similar to proceedings brought by the Australian Competition and Consumer Commission (ACCC) on 10 December 2018. Mayfield sought to lift the stay on the basis that it had obtained litigation funding. The court had to determine whether the material circumstances of Mayfield had changed since the stay was ordered such that it was in the interests of justice to lift the stay. The court also considered whether lifting the stay would prejudice the parties to the ACCC proceeding.

The court found that the obtaining of litigation funding did not constitute a change in circumstances sufficient to warrant lifting the stay. The court considered that it was not in the interests of justice to lift the stay given the ACCC and respondents' contention that it was not possible to align the proceedings and maintain the current hearing dates for the ACCC proceeding. The court noted that it was Mayfield that commenced the proceeding without funding, consented to a stay on the basis of overlapping issues, and did not secure funding until many months after the stay had been in place. The respondents and ACCC had already progressed their case and the ACCC proceeding was fixed for hearing. Lifting the stay at this time would prejudice the respondents and ACCC by requiring them to vacate their hearing dates. The court dismissed the application to lift the stay.

The court dismissed Mayfield's interlocutory application to lift the stay and ordered that Mayfield pay the respondents' costs of the application as agreed or taxed. The orders were made under Rule 39.32 of the Federal Court Rules 2011.