Jainzii Pty Ltd v Chief Executive of Create NSW, an agency of the Department of Creative Industries, Tourism, Hospitality and Sport (No 2) [2024] NSWSC 1467

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 (No 2) [2024] NSWSC 1467 Hearing dates: 18 October 2024 Date of orders: 21 November 2024 Decision date: 21 November 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. Declare that in making the two challenged decisions the State agency, Create NSW, did not afford Jainzii the procedural fairness to which it was entitled, they being: a) the 12 January 2023 decision to suspend Jainzii's Creative Kids account; and b) the 9 March 2023 decision to refuse to reimburse 1587 vouchers Jainzii had earlier redeemed under the Creative Kids scheme and to suspend its registration as a provider under that scheme. 2 Order that: a) time for the commencement of these proceedings is extended to 21 July 2023, when the summons was filed; b) the two challenged decisions be set aside; and c) the defendants are to bear Jainzii's costs, as agreed or assessed. Catchwords: FINAL ORDERS – proposed orders – where parties disagreed about proposed orders – usual costs order – costs follow the event – whether claim was dominant or separable – costs thrown away order Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Taylor v Stav Investments Pty Ltd as trustee for the Stav Investments Family Trust (No 2); Taylor v LK Group Investments Pty Ltd (No 2) [2023] NSWCA 322 Texts Cited: Nil Category: Costs Parties: Jainzii Pty Ltd (Plaintiff) Chief Executive of Create NSW, an agency of the Department of Enterprise, Industry and Trade (First Defendant) State of NSW (Second Defendant) Representation: Counsel: M Heath (Plaintiff) T Liu (First and Second Defendants)