The bid seeks to create the world's largest gold producer

A US court dismissed Gold Fields' objection to the 52.9bn rand ($8.24bn) bid, which it claimed violated US law.

Gold Fields has already had three legal challenges dismissed in South Africa, although it is appealing two of these.

The deal would create the world's top gold producer, but Gold Fields favours a merger with Canadian firm Iamgold.

Full disclosure

Gold Fields claimed Harmony had not provided sufficient information to its US shareholders to enable them to make an informed decision about the deal.

It specifically claimed that Harmony had misled investors by including in bid documents an unaudited figure for its existing gold reserves.

The challenge was rejected by a New York court.

"It was right that the company should pursue this avenue," a Gold Fields spokesman told BBC News.

"But it is quite clear that the hostile bid by Harmony will not be decided in the courtroom but by shareholders."

Harmony said Gold Fields had been indulging in what it called "frivolous litigation".

"There have now been 11 instances where Gold Fields has used frustrating actions to try and delay the vote by their own shareholders," Ferdi Dippenaar, Harmony's marketing director, told BBC News.

"So far they have all failed."

Disputed value

Harmony is offering 1.275 of its own shares for each Gold Fields share, a 29% premium on the latter's share value as of 14 October, five days before the bid was announced.

Gold Fields has advised its shareholders to reject the bid, arguing that it undervalued the company's assets and growth prospects.

But Russian firm Norilsk Nickel - which controls 20% of Gold Fields - has pledged support for the deal.

The battle is set to come to a head on 26 November.

Harmony is seeking to win the support of shareholders holding 34.9% of its rival's equity - excluding the shares owned by Norilsk Nickel - by that date.

Harmony said it had received indications that it would win the support of shareholders holding 25% of shares in Gold Fields.

Harmony will then launch a bid for the remaining shares, subject to a number of conditions including approval of the deal by the South African competition authorities.