OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1702

Supreme Court New South Wales

Medium Neutral Citation: OXS Pty Ltd v Sydney Harbour Foreshore Authority and Minister for Planning and Environment [2014] NSWSC 1702 Hearing dates: 15 - 18 and 22 July 2014 (main hearing),9 September 2014 (directions hearing as to orders), 5 November 2014 (hearing as to costs) Decision date: 01 December 2014 Jurisdiction: Common Law Before: Black J Decision: Plaintiff to pay the first defendant's costs of proceedings, as agreed or as assessed Catchwords: PROCEDURE - costs - general rule that costs follow the event - whether reason shown to depart from general rule - whether plaintiff is entitled to Bullock order against first defendant in respect of its costs liability to second defendant. Legislation Cited: - Australian Consumer Law - Civil Procedure Act 2005 (NSW) s 98 - Retail Leases Act 1994 (NSW) - Uniform Civil Procedure Rules 2005 (NSW) rr 42.1, 42.20, 42.34, Cases Cited: - Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 All ER 685 - Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Bullock v London General Omnibus Company [1907] 1 KB 264 - Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1423 - Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 - Gould v Vaggelas [1985] HCA 85; (1984) 157 CLR 215 - King v Benecke [2014] NSWSC 957 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Cheal Industries Pty Ltd; Fitzpatrick v Cheal [2012] NSWSC 932 - Re Colorado Products Pty Ltd (in prov liq) [2014] NSWSC 1509 - Re Lorie Najjar and Sons Pty Ltd (in liq) (No 9) [2014] NSWSC 56 Category: Costs 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