Online Lighting Pty Ltd v Paul Media Pty Ltd [2023] NSWCATCD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Online Lighting Pty Ltd v Paul Media Pty Ltd [2023] NSWCATCD 19 Hearing dates: 9 November 2022 and 7 February 2023 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Consumer and Commercial Division Before: M Tyson, Senior Member Decision: (1) The application is dismissed. (2) If the parties are in agreement as to costs of the proceedings, then they shall provide proposed consent orders to the Tribunal within 14 days of the date of these reasons for decision. (3) If the parties are not in agreement as to the costs of the proceedings, then (a) If any party seeks a costs order, the applicant for costs (the costs applicant) must file and serve a costs application, submissions which shall be limited to three pages, and any evidence in support by way of affidavit, within 14 days of the date of these reasons for decision; (b) The respondent to the costs application is to file and serve any submissions, which shall be limited to three pages, and any evidence in opposition by way of affidavit, within 14 days thereafter; (c) The costs applicant is to file any submissions in reply limited to two pages within 14 days after receipt of the submissions and any evidence of the respondent to the costs application. Catchwords: CONTRACTS – express terms - implied terms – whether implied term of contract was obvious or necessary to give business efficacy Legislation Cited: Fair Trading Act 1987 (NSW) ss. 79E, 79H, 79J, 79K, 79U. Fair Trading Regulation 2019 (NSW) cl 13A Cases Cited: Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd (1985) 2 NSWLR 309 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council [1977] HCA 40; (1997) 180 CLR 266 Codelfa Construction Pty Ltd v State Rail Authority (NSW) [1982] HCA 24; (1982) 149 CLR 337 Heimann v Commonwealth (1938) SR (NSW) 691 Texts Cited: Nil Category: Principal judgment Parties: Online Lighting Pty Ltd (Applicant)