Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWSC 1303

Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWSC 1303

Both decisions – to suspend Jainzii's account and to refuse payment for redeemed vouchers – are amenable to judicial review. Jainzii was entitled to procedural fairness before these decisions, which Create NSW denied by not providing an adequate opportunity to respond before acting. Accordingly, both decisions should be set aside. However, Jainzii failed to establish all elements required for estoppel by representation, as its reliance and detriment were not proved.

Parties
Plaintiff: Jainzii Pty Ltd; First Defendant: Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Judicial Review / Judgment After Hearing
Outcome
Application allowed in part
Legal Topics
Procedural Fairness, Non Statutory Executive Power, Estoppel by Representation, Remedies – Certiorari, Exercise of Judicial Discretion
Administrative Law Procedural Fairness Non Statutory Executive Power Estoppel by Representation Remedies – Certiorari Exercise of Judicial Discretion

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Parties

Jainzii Pty Ltd

Plaintiff

Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Whether Create NSW's decisions to suspend the plaintiff's account and refuse payment were amenable to judicial review
  2. 2 Whether the plaintiff was entitled to procedural fairness before the challenged decisions were made
  3. 3 Whether procedural fairness was denied

Ratio Decidendi

Both decisions – to suspend Jainzii's account and to refuse payment for redeemed vouchers – are amenable to judicial review. Jainzii was entitled to procedural fairness before these decisions, which Create NSW denied by not providing an adequate opportunity to respond before acting. Accordingly, both decisions should be set aside. However, Jainzii failed to establish all elements required for estoppel by representation, as its reliance and detriment were not proved.

Court Disposition

Application allowed in part

Orders

  • Orders pursuant to s69 of the Supreme Court Act 1970 (NSW) setting aside the 12 January 2023 and 9 March 2023 decisions to suspend Jainzii's account, refuse payment for 1587 vouchers, and suspend its registration as provider under the Creative Kids program.
  • Defendants to pay the plaintiff's costs, subject to further submissions within 14 days if required.