ACCC v Cascade Coal Pty Ltd & Ors
Federal Court of Australia, New South Wales Registry
Appeal to Full Federal Court
| Applicant | ACCC |
| Respondents | Cascade Coal Pty Ltd and others |
| File Number | NSD1382/2018 |
| Filing date | 3 August 2018 |
| Registry | NSW |
| Judges | Justice Jagot, Justice Beach, Justice Bromwich |
| Claim | Bid Rigging |
| Judgment | ACCC v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019 (4 September 2019) |
| Hearing | 26-27 February (Judgment reserved, 27 February 2019) |
| Trial judgment | Australian Competition and Consumer Commission v Cascade Coal Pty Ltd (No 3) [2018] FCA 1019 (Revised on 15 August 2018) (Jade) |
| Appeal | No ACCC media release. Full reasons in trial judgment released after court refused leave to appeal against denial of suppression orders on 12 November 2018. See Obeid v Australian Competition and Consumer Commission [2018] FCA 1713 (12 November 2018) (AustLII) |
Trial
| Applicant | ACCC |
| Respondents | Cascade Coal Pty Ltd and others |
| File Number | NSD584/2015 |
| Filing date | 22 May 2015 |
| Registry | NSW |
| Judge | Justice Foster |
| Claim | Bid Rigging |
| Hearing | 4 April - 28 April 2016 (Justice Foster) |
| Interlocutory application | On application of seventh respondent, Moses Obeid, Court ordered (on 13 July) that reasons for judgment not be published until after 10 August. Obeid is to file submissions by 20 July 2018 setting out arguments for why order to suppress reasons should be extended beyond 10 August. On 20 August Justice Foster dismissed the Amended Interlocutory Application. See, eg, Kate McClymont, 'Obeids lose legal battle to have judgment suppressed' (SMH, 20 August 2018) Moses Obeid appealed against the decision to refuse suppression orders and that appeal was dismissed on 12 November 2018 Obeid v Australian Competition and Consumer Commission [2018] FCA 1713 (12 November 2018) (AustLII) |
| Judgment | Judgment reserved on 28 April 2016 |
| Judgments | Judgement re: request to suppress certain matters in statement of claim: ACCC v Cascade Coal Pty Ltd (No 1) [2015] FCA 607 (Justice Foster) (19 June 2015) |
| Appeal | Appeal lodged 3 August by ACCC: ACCC v Cascade Coal Pty Ltd NSD1382/2018 |
| Settlements | One of the respondents, Loyal Coal Pty Ltd, admitted liability: see ACCC Media Release 4 April 2016. |
| Media | For further details see my Cascade Coal case page |
Media and commentary
ACCC
Media
Hannah Wootton, 'ACCC loses cartel case against Obeid-linked mining company' (AFR, 4 September 2019)
Matt Shwerman, 'ACCC opens up a new coalface' (In Competition, 29 May 2015)
