OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1702

OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1702

OXS substantially failed in its claims against SHFA and its very limited success on part of the misleading or deceptive conduct case, yielding only an agreed payment of $8000 without admission and at its highest damages in the order of $14,000, did not make it the successful party or justify differentiating between issues. The event was substantially in SHFA's favour, so OXS must pay SHFA's costs. A Bullock order was not warranted because OXS continued proceedings against the Minister after the Minister's position that no decision had been made was clear and where OXS's own pleaded case was that the Minister had not made such a decision, so there was no proper basis to shift the...

Jurisdiction
Australia
Judgment Date
01 December 2014
Procedural Posture
Costs Determination in Supreme Court Proceedings Concerning Alleged Lease, Misleading or Deceptive Conduct, and Judicial Review / Post Judgment Hearing as to Costs Between the Plaintiff and the First Defendant, Including Application for a Bullock Order
Outcome
Plaintiff ordered to pay the First Defendant's costs; Bullock order refused.
Legal Topics
['costs Follow the Event' 'successful Party for Costs Purposes' 'issue Based Costs' 'bullock Order' 'misleading or Deceptive Conduct' 'judicial Review Claim Against Minister']
['civil Procedure' 'costs' 'consumer Law' 'retail Leases'] ['costs Follow the Event' 'successful Party for Costs Purposes' 'issue Based Costs' 'bullock Order' 'misleading or Deceptive Conduct' 'judicial Review Claim Against Minister']

Case Brief

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Procedural Posture

Costs Determination in Supreme Court Proceedings Concerning Alleged Lease, Misleading or Deceptive Conduct, and Judicial Review / Post Judgment Hearing as to Costs Between the Plaintiff and the First Defendant, Including Application for a Bullock Order

Legal Issues

  1. 1 ["Whether OXS should receive its costs from SHFA, or whether SHFA should receive its costs, having regard to OXS's limited success on part of its misleading or deceptive conduct claim and failure on most claims." 'Whether the limited agreed payment to OXS justified departure from the ordinary approach that costs follow the event.' 'Whether OXS was entitled to a Bullock order requiring SHFA to indemnify it for costs payable to the Minister.']

Ratio Decidendi

OXS substantially failed in its claims against SHFA and its very limited success on part of the misleading or deceptive conduct case, yielding only an agreed payment of $8000 without admission and at its highest damages in the order of $14,000, did not make it the successful party or justify differentiating between issues. The event was substantially in SHFA's favour, so OXS must pay SHFA's costs. A Bullock order was not warranted because OXS continued proceedings against the Minister after the Minister's position that no decision had been made was clear and where OXS's own pleaded case was that the Minister had not made such a decision, so there was no proper basis to shift the...

Court Disposition

Plaintiff ordered to pay the First Defendant's costs; Bullock order refused.

Orders

  • ["The Plaintiff pay the First Defendant's costs of the proceedings, as agreed or as assessed."]