Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport (No 2) [2024] NSWSC 1467

Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport (No 2) [2024] NSWSC 1467

Create NSW failed to afford Jainzii Pty Ltd procedural fairness in the two decisions under challenge, both of which were set aside. No separable issue justified departing from the usual costs order; Jainzii succeeded and costs follow the event.

Parties
Plaintiff: Jainzii Pty Ltd; First Defendant: Chief Executive of Create NSW, an agency of the Department of Enterprise, Industry and Trade; Second Defendant: State of NSW
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Judicial Review / Final Orders Following Earlier Judgment
Outcome
Challenged decisions set aside; extension of time granted; costs awarded to plaintiff
Legal Topics
Procedural Fairness, Judicial Review, Costs, Extension of Time
Administrative Law Civil Procedure Procedural Fairness Judicial Review Costs Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jainzii Pty Ltd

Plaintiff

Chief Executive of Create NSW, an agency of the Department of Enterprise, Industry and Trade

First Defendant

State of NSW

Second Defendant

Procedural Posture

Judicial Review / Final Orders Following Earlier Judgment

Legal Issues

  1. 1 Whether the State agency, Create NSW, afforded Jainzii Pty Ltd procedural fairness in two challenged decisions
  2. 2 Appropriate costs order where party succeeded on procedural fairness but failed on estoppel claim

Ratio Decidendi

Create NSW failed to afford Jainzii Pty Ltd procedural fairness in the two decisions under challenge, both of which were set aside. No separable issue justified departing from the usual costs order; Jainzii succeeded and costs follow the event.

Court Disposition

Challenged decisions set aside; extension of time granted; costs awarded to plaintiff

Orders

  • Time for commencement of proceedings extended to 21 July 2023, when the summons was filed
  • Declarations that procedural fairness was not afforded in the challenged decisions of 12 January 2023 and 9 March 2023