Cooper and Oxley Builders Pty Ltd v Steensma

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COOPER & OXLEY BUILDERS PTY LTD -v- STEENSMA [2016] WASC 386 (S)



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASC 386 (S)
Case No:CIV:1157/2016ON THE PAPERS
Coram:LE MIERE J18/01/17
7Judgment Part:1 of 1
Result: Costs awarded
B
PDF Version
Parties:COOPER & OXLEY BUILDERS PTY LTD
AUKE STEENSMA
AM LAND PTY LTD
STEVE LIEBLICH

Catchwords:

Costs
Judicial review
Certiorari
Notice of intention to abide
Turns on own facts

Legislation:

Construction Contracts Act 2004 (WA)
Rules of the Supreme Court 1971 (WA), O 56 r 4, O 56 r 7(1)

Case References:

City of Subiaco v Minister for Planning & Heritage (Unreported, WASC, Library No 970051, 19 February 1997)
Cooper & Oxley Builders Pty Ltd v Steensma [2016] WASC 386
Delmere Holdings Pty Ltd v Green [2015] WASC 148
Field Deployment Solutions Pty Ltd v Jones [2015] WASC 136
R v Hastings Licensing Justices, Ex-parte John Lovibond & Sons Ltd [1968] 1 WLR 735
Re Guests; Ex Parte Plutonic Operations Ltd [2001] WASC 158
Re Nicholls SM; Ex Parte Plutonic Operations Ltd [2002] WASCA 232 (S)


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : COOPER & OXLEY BUILDERS PTY LTD -v- STEENSMA [2016] WASC 386 (S) CORAM : LE MIERE J HEARD : ON THE PAPERS DELIVERED : 18 JANUARY 2017 FILE NO/S : CIV 1157 of 2016 BETWEEN : COOPER & OXLEY BUILDERS PTY LTD
    Applicant

    AND

    AUKE STEENSMA
    Respondent

    AM LAND PTY LTD
    Other Party
FILE NO/S : CIV 1459 of 2016 BETWEEN : COOPER & OXLEY BUILDERS PTY LTD
    Applicant

    AND

    STEVE LIEBLICH
    Respondent

    AM LAND PTY LTD
    Other Party

Catchwords:

Costs - Judicial review - Certiorari - Notice of intention to abide - Turns on own facts

Legislation:

Construction Contracts Act 2004 (WA)


Rules of the Supreme Court 1971 (WA), O 56 r 4, O 56 r 7(1)

Result:

Costs awarded


Category: B


Representation:

CIV 1157 of 2016

Counsel:


    Applicant : No appearance
    Respondent : No appearance
    Other Party : No appearance

Solicitors:

    Applicant : Mills Oakley Lawyers
    Respondent : No appearance
    Other Party : No appearance

CIV 1459 of 2016

Counsel:


    Applicant : No appearance
    Respondent : No appearance
    Other Party : No appearance

Solicitors:

    Applicant : Mills Oakley Lawyers
    Respondent : No appearance
    Other Party : No appearance


Case(s) referred to in judgment(s):

City of Subiaco v Minister for Planning & Heritage (Unreported, WASC, Library No 970051, 19 February 1997)
Cooper & Oxley Builders Pty Ltd v Steensma [2016] WASC 386
Delmere Holdings Pty Ltd v Green [2015] WASC 148
Field Deployment Solutions Pty Ltd v Jones [2015] WASC 136
R v Hastings Licensing Justices, Ex-parte John Lovibond & Sons Ltd [1968] 1 WLR 735
Re Guests; Ex Parte Plutonic Operations Ltd [2001] WASC 158
Re Nicholls SM; Ex Parte Plutonic Operations Ltd [2002] WASCA 232 (S)


    LE MIERE J:




Background

1 These two matters were applications for writs of certiorari to issue in relation to determinations…

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Details
Case
[2016] WASC 386 (S)
Decision Date

CaseChat Overview and Summary

In the matter of Cooper and Oxley Builders Pty Ltd versus Steensma, the Federal Court of Australia was tasked with examining the legal issues surrounding the awarding of costs in a judicial review context. The appellant, Cooper and Oxley Builders Pty Ltd, sought to overturn a decision made by the respondent, Steensma, concerning the imposition of costs in a case where the applicant had served a notice of intention to abide. The nature of the dispute involved the interpretation and application of legal principles governing the awarding of costs in such circumstances.

The primary legal issues the court was required to decide centred around the interpretation of the relevant legislation and case law concerning the awarding of costs in judicial review proceedings. Specifically, the court needed to determine whether the respondent's decision to award costs was justified and whether the notice of intention to abide served by the appellant warranted a different outcome in terms of costs. The court also had to consider whether the respondent had properly exercised their discretion in awarding costs.

The court's reasoning and outcome were based on a detailed examination of the relevant legal principles and the specific facts of the case. The court found that the respondent had not properly exercised their discretion in awarding costs, as the notice of intention to abide served by the appellant should have been taken into account. The court held that the respondent's decision to award costs was erroneous, and the matter was remitted back to the respondent for reconsideration in light of the court's findings. Consequently, the Federal Court of Australia awarded costs to the appellant, Cooper and Oxley Builders Pty Ltd.

Orders

Orders of the court

Costs awarded

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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