court to hand down fmg rail access decision, page-30

"Open party access" can only be "forced" if there is available capacity. All this will do is make BHPB and RIO ensure that their mine and port capacity leads their rail capacity, ie, cost money. There will never be any "free" capacity to sell.

And then there is still the issue of whether the High Court is talking about a haulage regime or true third party access. Anybody who has read the WAGs invitation for submissions into the 3rd party access study will see that safety/process/timing issues will make it near impossible for juniors to comply.

A moral win by FMG. Until more details are nutted out, I suspect it will stay that way for years. Still, its a start.