Premier Gladys Berejiklian is confident the government's port arrangements will stand up to scrutiny in an upcoming Federal Court Case.
The Australian Competition and Consumer Commission argues the government's $5 billion deal to privatise the Botany and Kembla ports and the 2014 Newcastle port lease are "illegal and anti-competitive" as they force Port of Newcastle to compensate Botany for every container it handles over a certain amount.
The NSW government filed its defence against a NSW Ports' cross claim on Friday afternoon.
Ms Berejiklian said she was confident of the government's legal position.
"I know there have been various processes that have looked at that (arrangement) over the years. But I am also always open to look at recommendations about how things can be done better in the future," she said on Friday.
"I'm confident of the processes that have been undertaken."
"Every major issue that the government goes through whether it's in the Hunter or other parts of the state, we always need to learn the lessons of that and move forward and we will continue to do that."
Ms Berejiklian declined to comment about whether she supported the establishment of a container terminal in Newcastle.
"I don't want to speculate because that could be some time away," she said.
Hearings are scheduled to start on October 12.
