The High Courts decsion is final, only way to get around it is for the Govt to pass legislation.
Extremely unlikely that this will happen. Make no mistake this is a massive loss for BHP and Rio.
After the decision is published it will appear here:
http://www.austlii.edu.au/au/cases/cth/HCA/2008/
As a legal practioner I'll give you my take on it when it does.
court to hand down fmg rail access decision, page-15
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