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Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment

Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment

Case [2010] VSC 513

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AGLC: Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513
Case: [2010] VSC 513
Decision Date: 12 November 2010

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Citations

Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513

Most Recent Citation

Vlahos v Vlahos Pty Ltd (No. 3) [2016] VCC 1619

Cases Citing This Decision

Tuggeranong Town Centre Pty Ltd v Brenda Hungerford Pty Ltd (No 2) [2017] ACTSC 88
Citation 1

…y Ltd v Pabflow Pty Ltd (1996) ATPR ¶41-524 Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 389; 241 FLR 360 Banque Commerciale SA En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 Barnes v Forty Two International Pty Ltd [2014] FCAFC 152; 316 ALR 408 Bat…
Formequip Pty Ltd v Nahas Construction Pty Ltd acting as Trustee for the Nahas Family Trust [2012] NSWSC 496
Citation 2 (Para 1)

…al Produce Merchants Pty Ltd (1988) 81 ALR 397 at 400-401 and Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513 at [9] to argue that the Defendant should receive indemnity costs from the date of service of the Summons. The Defendant argued in the alternative th…
Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 3) [2011] FCA 725
Citation 3 (Para 20)

…In Auswest Timbers Pty Ltd v The Secretary to the Department of Sustainability and Environment [2010] VSC 513 (“ Auswest Timbers ”), Croft J ordered indemnity costs when an offeree rejected an offer which it did not better at trial, which was effectively received on a Friday and remained open until the morning of…
Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd (No. 3) [2010] NSWSC 1479
Citation 4

…(Cth), ss 51A, 52 CATEGORY: Consequential orders CASES CITED: Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513 Baillieu Knight Frank (NSW) Pty Ltd v Ted Manny Real Estate Pty Limited (1992) 30 NSWLR 359 Commonwealth of Australia v Gretton [2008] NSWCA 117 Degm…
Obeid v Australian Competition and Consumer Commission [2014] FCA 839
Citation 5 (Para 11)

…Unilan Holdings Pty Ltd v Kerin (1992) 35 FCR 272 at 277; Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513 at [161]. Further, the applicants say that the businesses of Loyal and Cascade can have no relevance to the question because the words “provided, granted…
Razzy Australia Pty Ltd v Commissioner of State Revenue [2021] VSC 409
Citation 6

…rth West Recycling [2017] VSC 726, [9] (Croft J), citing Auswest Timbers Pty Ltd v Secretary, Department of Sustainability and Environment (No 2) [2010] VSC 513; Gann v Hosny (No 2) [2017] VSCA 318. [40] Hazeldene’s Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435; [2005] VSCA 298 (‘ H…
Agustin-Bunch v Smith [2021] VSC 158
Citation 7 (Para 1)

…erce, for example, where there is no trading or commercial relationship between the representor and the representee. In Village Building Company Limited v Canberra International Airport Pty Limited (No 2) ,[87] Finn J considered whether representations in relation to noise forecasts on projected flight paths into the Canberra Airport were made in trade or commerce. His Honour concluded that…
Perpetual Ltd v Myer Pty Ltd [2018] VSC 2
Citation 8 (Para 1)

…zy, as would be expected, and that reliance in relation to the negotiating history should be placed primarily upon the documentary evidence.[19] [19] Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment (2010) 241 FLR 360 at 400–2 [87]; FoodCo UK LLP v Henry Boot Developments Ltd [2010] EWHC 358 (Ch) [3]–[5] (Lewison J); and see North East Solution Pty Ltd…
North West Melbourne Recycling Pty Ltd v Commissioner of State Revenue (No 2) [2017] VSC 726
Citation 9 (Para 1)

…0] Amended Defence (5 May 2017). [11]See, for example, Auswest Timbers Pty Ltd v Secretary, Department of Sustainability and Environment (No 2) [2010] VSC 513; and Gann v Hosny [2017] VSCA 318.…
Murphy v State of Victoria (No 2) [2014] VSC 404
Citation 10 (Para 1)

…onduct which precedes the undertaking of any trade or commerce and is, consequently, not to be regarded as then in trade or commerce.[68] [68]See Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment (2010) 241 FLR 360 at 434, [156] (Croft J); and see below, [99].…
Mischel v Mischel Holdings Pty Ltd (in liq) (No 2) [2012] VSC 421
Citation 11 (Para 1)

…3.28-63.31. [15]For a further discussion on this, see Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment (No. 2) [2010] VSC 513 at [7]-[10] (Croft J).…
BHP Billiton Olympic Dam Corporation Pty Ltd v Steuler Industriewerke GmbH (No 3) [2012] VSC 414
Citation 12 (Para 1)

…d have made this offer eleven or so days earlier. [52] Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment (No 2) [2010] VSC 513, [14]-[16] (Croft J).…
ACN 074 971 109 Pty Ltd (as Trustee for the Argot Unit Trust) and Pegela Pty Ltd v The National Mutual Life Association of Australasia Ltd (No 2) [2012] VSC 177
Citation 13 (Para 1)

…7]-[29] (Warren CJ, Maxwell P and Harper AJA); and see Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment (No 2) [2010] VSC 513, [11]-[12] (Croft J).…
Challenger Property Asset Management Pty Ltd v Stonnington City Council (No 2) [2012] VSC 67
Citation 14 (Para 1)

…eneral did not address this timing issue. [4]See Auswest Timbers Pty Ltd v The Secretary of the Department of Sustainability and Environment (No 2) [2010] VSC 513, at [16]; Cavanough J in Love v State of Victoria (No 2) [2009] VSC 531, at [62]-[64].…
Sidameneo (No 456) Pty Ltd v Ward and Magarey [2011] VSC 559
Citation 15 (Para 1)

…their context: [14][2011] VSC 441 at [8]-[12]. See also Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment (No. 2) [2010] VSC 513 (Croft J) at [6]-[10]; Tremaine Developments Pty Ltd (in liq) v Courtney Developments Pty Ltd [2011] VSC 112 (Croft J) at [13].…
Manderson M & F Consulting v Incitec Pivot Ltd (No 3) [2011] VSC 441
Citation 16

…Ltd v Sikola [2001] VSC 189 – Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513 – Knight v F P Special Assets Ltd (1992) 174 CLR 178 – FPM Constructions Pty Ltd v Council of the City of the Blue Mountains [2005] NSWCA 340 – May v Christodoulou [2011] NSWCA 75 –…
Tremaine Developments Pty Ltd v Courtney Develops Pty Ltd [2011] VSC 112
Citation 17 (Para 1)

…be exercised are summarised in my judgment in Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment (No. 2) :[2] [2][2010] VSC 513 at [7] – [9].…
Anstee and Calnan v Eyers [2011] VSC 86
Citation 18 (Para 1)

…Macedon Ranges Shire Council v Thompson [2009] VSCA 209, [15]; Auswest Timbers Pty Ltd v Secretary to the Dept of Sustainability and the Environment [2010] VSC 513.…
Roads Corporation v Love [2010] VSC 581
Citation 19

…Ranges Shire Council v Thompson [2009] VSCA 209 at [15]; Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and the Environment [2010] VSC 513.…
Oliver Hume (Vic) Pty Ltd v Santa Monica (Aust) Pty Ltd (No 2) [2017] VCC 1239
Citation 20

…5) 13 VR 435; Thomopoulos v Faulks (No 2) [2006] VSC 286; Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 513; Management 3 Group Pty Ltd (in liq) v Lenny’s Commercial Kitchens Pty Ltd (No 3) [2011] FCA 725; (2011) 278 ALR 754; Northwest Capital Management v West…
Hewitt v Count Financial Limited (No.2) [2017] VCC 405
Citation 21

…– test whether refusal of offer was unreasonable in the circumstances Cases Cited: Aljade & MKIC v OCBC [2004] VSC 351; Auswest v DSE (No. 2) [2010] VSC 513; Berrigan Shire Council v Ballerini (No. 2) [2006] VSCA 65; Chen v Chan [2009] VSCA 233; Foster v Galea (No. 2) [2008] VSC 331; Hazeldene’s Chicken Farm Pty…
Vlahos v Vlahos Pty Ltd (No. 3) [2016] VCC 1619
Citation 22 (Para 2)

…Auswest v DSE (No.2) [2010] VSC 513…

Cases Cited

Statutory Material Cited

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364
Citation 1

…COSTS – Special costs orders - Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 – Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 – whether action has been commenced or continued in circumstances where the applicant properly advised should have known it had no chance of success – Macedon Ra…
Bradbury and Lander (No. 3) [2019] FamCA 152
Citation 2

…COSTS – Special costs orders - Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 – Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 – whether action has been commenced or continued in circumstances where the applicant properly advised should have known i…
Macedon Ranges Shire Council v Thompson [2009] VSCA 209
Citation 3 (Para 1)

…success, or of being hopeless, so that a special costs order should be considered. [27] Macedon Ranges Shire Council v Thompson [2009] VSCA 209 at [15]. [28] Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment [2010] VSC 389. See, for example, in relation to the purchase of the Or…
Piscopo v Not Lawyers [2008] FCA 1907
Citation 4

…Colgate Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 – Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 – whether action has been commenced or continued in circumstances where the applicant properly advised should have known it had no chance of success – Ma…
NBIF v Minister for Immigration [2006] FMCA 182
Citation 5 (Para 67)

…[5] Oshlack v Richmond River Council (1998) 193 CLR 72 at [67]-[69] (McHugh J).…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298
Citation 6 (Para 1)

…costs orders when Calderbank offers are rejected was discussed in Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) :[14] [14](2005) 13 VR 435 at [21]-[22].…
Murdaca v Maisano [2004] VSCA 123
Citation 7 (Para 40)

…ion of Workers Western Australia (unreported, Federal Court of Australia, 9 February 1993), and in the Supreme Court of Victoria in Murdaca v Maisano [2004] VSCA 123 at [40]; Aljade and MKIC v OCBC [2004] VSC 351; and Macedon Ranges Shire Council v Thompson [2009] VSCA 209 at [15].…
Clarke v Deputy Commissioner of Taxation [2002] FCA 75
Citation 8

…al Council v Connor (1991) 24 NSWLR 724; Monitronix Ltd v Michael (1992) 7 WAR 195; Ugly Tribe Co Pty Ltd v Sikola , [2001] VSC 189, [18] (Harper J); Clarke v Deputy Commissioner of Taxation (2002) 50 ATR 173.…
Bartlem Pty Ltd v CMMC Pty Ltd (Receiver and Manager Appointed) [2001] FCA 1352
Citation 9

…exercise of the costs discretion where a Calderbank offer has been made. The policy objectives were said to be: [15][1997] 1 VR 154 at 164–5. [16](1992) 27 NSWLR 721 at 724, see also MT Associates v Aqua-Max Pty Ltd (No 3) [2000] VSC 163 at [71]. (1)To encourage the saving of private costs and the avoidance of the inh…
Oshlack v Richmond River Council [1998] HCA 11
Citation 10 (Para 67)

…[5] Oshlack v Richmond River Council (1998) 193 CLR 72 at [67]-[69] (McHugh J).…
Ferris v Commonwealth Director of Quarantine [1991] FCA 187
Citation 11 (Para 1)

…ntial. This is made clear from the judgment of French J (as his Honour then was) in Re Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd .[30] [30][1991] FCA 187 at [21]-[22], referred to above at paragraph 10.…
Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd [1991] FCA 150
Citation 12

…[10] Hurstville Municipal Council v Connor (1991) 24 NSWLR 724; Monitronix Ltd v Michael (1992) 7 WAR 195; Ugly Tribe Co Pty Ltd v Sikola , [2001] VSC 189, [18] (Harper J); Clarke v Deputy Commissioner of Taxation (2002) 50 ATR 173.…
Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability and Environment [2010] VSC 389
Citation 13 (Para 1)

…v Thompson [2009] VSCA 209 at [15]. [28] Auswest Timbers Pty Ltd v Secretary to the Department of Sustainability & Environment [2010] VSC 389. See, for example, in relation to the purchase of the Orbost Mill at [78] to [101]; in relation to subsequent reliance at [102] to [117]; and in relation to the Voluntary…
Charles Blackman v Peter Gant [No 2] [2010] VSC 246
Citation 14

…[19]See Tenth Vandy Pty Ltd v Natwest Markets Pty Ltd (No 2) [2010] VSC 70; cf Charles Blackman and Ors v Peter Gant and Anor (No 2) [2010] VSC 246.…
Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd (No 2) [2010] VSC 70
Citation 15

…[19]See Tenth Vandy Pty Ltd v Natwest Markets Pty Ltd (No 2) [2010] VSC 70; cf Charles Blackman and Ors v Peter Gant and Anor (No 2) [2010] VSC 246.…
Love v State of Victoria (No 2) [2009] VSC 531
Citation 16 (Para 1)

…ial and the offer was not accepted within the time expressly limited the trial preparation costs would not be treated on a special basis. [22][2009] VSC 531. [23][2008] VSC 331.…
Foster v Galea (No 2) [2008] VSC 331
Citation 17 (Para 1)

…s not accepted within the time expressly limited the trial preparation costs would not be treated on a special basis. [22][2009] VSC 531. [23][2008] VSC 331.…
Aljade and MKIC v OCBC [2004] VSC 351
Citation 18 (Para 40)

…deral Court of Australia, 9 February 1993), and in the Supreme Court of Victoria in Murdaca v Maisano [2004] VSCA 123 at [40]; Aljade and MKIC v OCBC [2004] VSC 351; and Macedon Ranges Shire Council v Thompson [2009] VSCA 209 at [15].…
Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189
Citation 19 (Para 7)

…[6](1993) 46 FCR 225 at 233-234; and see also Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 at [7].…
MT Associates Pty Ltd v Aqua-Max Pty Ltd (No 3) [2000] VSC 163
Citation 20 (Para 71)

…policy objectives were said to be: [15][1997] 1 VR 154 at 164–5. [16](1992) 27 NSWLR 721 at 724, see also MT Associates v Aqua-Max Pty Ltd (No 3) [2000] VSC 163 at [71]. (1)To encourage the saving of private costs and the avoidance of the inherent risks, delays and uncertainties of litigation by promoting early o…

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