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access regimesscope clausesaccess determination
Glencore Coal Assets Australia v Port of Newcastle Operations
[2026] NSWCA 64
Key Principle
On the construction of an access determination for the Port of Newcastle, a party seeking the benefit of a determined wharfage charge cannot do so without also accepting liability for the determined navigation service charge, because the 'Scope' clause defined the whole determination exhaustively.
Area of Law
General
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