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

Supreme Court New South Wales

Medium Neutral Citation: Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWSC 1303 Hearing dates: 3 September 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Challenge decisions set aside Catchwords: ADMINISTRATIVE LAW — procedural fairness —decisions of a NSW government agency made in respect of a non-statutory scheme – whether decisions involved exercise of non-statutory executive power - decisions to suspend account of provider registered under Creative Kids scheme and to refuse payment claimed under scheme — whether provider was entitled to procedural fairness —— whether procedural fairness was denied — where provider was not given reasonable opportunity to deal with matters adverse to its interest before decisions were made ADMINISTRATIVE LAW — remedies — certiorari —exercise of discretion to set aside agency's decision — whether remedy available — where there was no statutory basis for scheme and agency not subject to statutory duties ESTOPPEL — estoppel by representation — against public authorities —— whether claimed assumption induced by agency and provider acted reasonably in relying on assumption Legislation Cited: Appropriation Act 2018 (NSW) Crown Proceedings Act 1988 (NSW), s 5 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.4 Cases Cited: Amos v Western New South Wales Local Health District [2016] NSWSC 1162 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 Donaghy t/as GJ Donaghy & Company Solicitors v Legal Aid Commission of NSW [2022] NSWSC 626 Karimbla Properties (No 50) Pty Ltd v State of New South Wales [2015] NSWSC 778 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180; [2016] HCA 29 Minster for Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Re Minister for Immigration and Multicultural and Indigenous Affairs (2003) 211 CLR 441; [2003] HCA 1 State of Victoria v The Master Builders' Association of Victoria [1995] 2 VR 121 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action (5th ed, 2013) Category: Principal judgment 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) Representation: Counsel: M Heath (Plaintiff) T Liu (First and Second Defendants)