Last week, the Federal Court dismissed these claims from the Australian Competition and Consumer Commission, which related to NSW Ports being compensated by the state government if Newcastle container traffic exceeded a cap.

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The ACCC had alleged this restriction was illegal and anti-competitive.

Mayfield Development Corporation - which had investigated starting a container port in Newcastle - had its own court case alleging restrictive trade against NSW Ports delayed by Federal Court Justice Jayne Jagot while she heard the ACCC claims.

MDC Director, Captain Richard Setchell, said the corporation was now planning to continue pursuit of their claim.

"Her Honour made a decision to separate the two matters in August 2019, and our case remains to be heard and determined," Capt Setchell said.

"The published reasons were arrived at without any evidence being presented by MDC in relation to our claim, such evidence we are confident will prove anti-competitive behaviour by NSW Ports."

The court case affects Port Kembla because it had been earmarked as the next container terminal once Port Botany reached capacity.

NSW Ports holds 99-year leases on both of those ports.

If the way is open for Newcastle to increase container traffic, it may take that business away from the Illawarra.

Between 2011 and 2013 MDC was the preferred proponent to develop a multi-purpose cargo handling facility in the port of Newcastle which included a container terminal.

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