Lau v Anglican Community Services (No. 2)

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Lau v Anglican Community Services (No. 2) [2025] NSWDC 211

Hearing dates:

On the papers

Date of orders:

12 June 2025

Decision date:

12 June 2025

Jurisdiction:

Civil

Before:

Abadee DCJ

Decision:

See paragraph [84].

Catchwords:

COSTS – plaintiff obtains award of nominal damages for breach of contract after abandoning claims for substantial damages for breach of contract (and in negligence) and compensation for non-compliance with consumer guarantees – plaintiff fails to obtain order for court-ordered apology under the Australian Consumer Law – characterisation of the ‘event’ for the purposes of r 42.1 of the Uniform Civil Procedure Rules 2005 (NSW) – whether ‘successful’ party should be wholly or partly disentitled to its costs

Legislation Cited:

Aged Care Quality and Safety Commission Rules 2018 (Cth)

Civil Procedure Act 2005 (NSW), ss 56, 57, 60

Competition and Consumer Act 2010 (Cth) Schedule 2 – Australian Consumer Law, ss 60, 61, 237, 243, 267, 268

Uniform Civil Procedure Rules 2005 (NSW) rr 20.26, 42.1

Cases Cited:

Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 All ER 685; 1 WLR 395 at 401

Chandrasekaran v Western Sydney Local Health District (t/as Westmead Hospital) (No.2) [2024] NSWCA 21

Man Hay Lau v Anglican Community Services [2025] NSWDC 193

Mid-City Skin Cancer and Laser Centre v Zahedi-Anarak [2006] NSWSC 1149

Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2011] WASCA 65 (S)

Ng v Chong [2005] NSWSC 385

Oshlack v Richmond River Council (1998) 193 CLR 72

Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd; Carelli v FS Architects Pty Ltd [2008] NSWCA 39

Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No.3) [2017] FCAFC 102

State of NSW v Stevens (2012) 83 NSWLR 106

Texts Cited:

D Villa, Annotated Civil Liability Act 2002 (NSW) (3rd ed, Thomson Reuters, 2018)

Category:

Costs

Parties:

Mr Man Hay Lau (Plaintiff)
Anglican Community Services (ABN 39922848563) (Defendant)

Representation:

Counsel:
Mr M Klooster (Plaintiff)
Ms A Elizabeth (Defendant)

Solicitors:
Longton Blackwell (Plaintiff)
Barry Nilsson (Defendant)

File Number(s):

2023/00424282

Publication restriction:

Nil

REASONS FOR JUDGMENT

Introduction

1. On 28 May 2025 I delivered reasons ^[1] for my decision that there be judgment for the plaintiff (Mr Lau) against the defendant (Anglicare) for $200, a sum representing nominal damages, arising from two breaches of a contract between Anglicare and the deceased, the late Mrs Betty Wai Chan (to whom I referred in the Reasons, and to whom I now refer with no disrespect in these reasons, as ‘Betty’) entered into in October 2021. Mr Lau, Betty’s husband, commenced the proceeding as Betty’s representative on 23 November 2023.

   1. Man Hay Lau v Anglican Community Services [2025] NSWDC 193 (the ‘Reasons’).

2. In recognition of certain unusual features about this litigation, I deferred consideration of the question of costs; and set out a timetable for the parties to adduce evidence and make submissions on that topic. That evidence and those submissions have now been received.

3. These reasons consider and…