AGL Sales Pty Limited v Diamond Venues Group Pty Ltd [2024] NSWDC 397

District Court New South Wales

Medium Neutral Citation: AGL Sales Pty Limited v Diamond Venues Group Pty Ltd [2024] NSWDC 397 Hearing dates: 27 August 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $317,609.29, inclusive of interest. (2) Direct the parties to liaise, seek to agree on an order for costs, and notify my Associate of such agreement, by 5pm on 9 September 2024. (3) In the event that the parties have not agreed on an order with respect to costs, the parties are to provide to my associate, by 5pm on 9 September 2024, a range of mutually available dates for a hearing on the question of costs, preferably on a Friday. Catchwords: COMMERCE — National Energy Retail Law – Where no appropriate agreement for supply of energy EVIDENCE - balance of probabilities – civil proceedings Legislation Cited: Business Names Registration Act 2011 (Cth), s 18 Civil Procedure Act 2005 (NSW), s 100 Evidence Act 1995 (NSW), s 63, s 67, s 118, s 119, s 122 National Energy Retail Law (Adoption) Regulation 2020 (NSW), r 4 National Energy Retail Law (NSW), s 2, s 5, s 64 Cases Cited: Doney v R (1990) 171 CLR 207 Hadden v Inline Partners Pty Ltd [2024] NSWCA 42 Rounde v Helwani [2020] NSWCA 310 United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514 Category: Principal judgment Parties: AGL Sales Pty Limited (plaintiff) Diamond Venues Group Pty Ltd (defendant) Representation: Counsel: Mr A J Munro (plaintiff) Mr J M Kadar (defendant)