Lau v Westfield Limited (Westfield Eastgardens)

Lau, the applicant, filed an application against Westfield Limited, the respondent, in the Supreme Court of New South Wales, seeking relief in relation to alleged breaches of the Competition and Consumer Act 2010 (Cth). The applicant claimed that the respondent had engaged in misleading or deceptive conduct, and unconscionable conduct, in relation to the sale of shopping centre units at Westfield Eastgardens. The respondent sought to dismiss the application and have the applicant pay their costs.

The primary issue before the court was whether the application could proceed, given that the applicant had failed to provide particulars as required by the rules of court. The court needed to determine if the application was properly before it, and if not, whether the failure to provide particulars warranted a dismissal of the application or an extension of time for the applicant to provide the necessary information.

The court held that the application had been filed without the required particulars and that the applicant had failed to provide a satisfactory explanation for this oversight. The court found that the application was not properly before it and was therefore dismissed. Additionally, the court ordered that the applicant pay the respondent’s costs on a party/party basis from a specified date, including costs for the preparation of the directions hearing.