OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1284

Supreme Court New South Wales

Medium Neutral Citation: OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1284 Hearing dates: 15 - 18 and 22 July 2014 (main hearing)9 September 2014 (directions hearing as to orders) Decision date: 19 September 2014 Jurisdiction: Common Law Before: Black J Decision: Orders made, substantially by consent between the plaintiff and first defendant, in specified form for dismissal of claims of relief within statement of claim with specified exceptions as to relief and damages. Catchwords: PROCEDURE - judgments and orders - disputed issues remaining before orders can be made to give effect to primary judgment in proceedings - declarations - whether court should make declarations sought by plaintiff - discretionary considerations - where subject matter was not subject of contest - generality of terms - utility of declarations. Legislation Cited: - Australian Consumer Law ss 236, 237 - Civil Procedure Act 2005 (NSW) s 100 Retail Leases Act 1994 (NSW) s 62D Cases Cited: - Attorney-General (NSW); Ex rel Corporate Affairs v Australian Softwood Forest Pty Ltd [1979] 2 NSWLR 73 - Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 - Wentworth v Rogers [2002] NSWSC 921 - Wentworth v Wentworth [1999] NSWSC 638 Texts Cited: - PW Young, C Croft and ML Smith, On Equity, (Lawbook Co, 2009) Category: Consequential orders Parties: OXS Pty Ltd (Plaintiff) Sydney Harbour Foreshore Authority (First Defendant) Minister for Planning and Environment (Second Defendant) Representation: Counsel: A A Henskens SC/A Zahra (Plaintiff); A Mutton (directions hearing as to orders) B J Carruthers/B E M Anniwell (First Defendant) S Free (Second Defendant) Solicitors: Andrews & Holm Lawyers (Plaintiff) Ashurst Australia (First Defendant) Crown Solicitor's Office (Second Defendant) File Number(s): 2014/55365