Sydney Tools Pty Ltd v Oxford

Land and Environment Court

New South Wales

Medium Neutral Citation: Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 1513
Hearing dates: Conciliation conference on 27 September 2018
Date of orders: 27 September 2018
Decision date: 27 September 2018
Jurisdiction: Class 1
Before: Gray C
Decision:
See [5] below

Catchwords: NOISE ABATEMENT ORDER - conciliation conference - agreement between the parties - orders
Legislation Cited: Land and Environment Court Act 1979
Protection of the Environment Operations Act 199
Category: Principal judgment
Parties: Sydney Tools Pty Ltd (Applicant)
Robyn Oxford (Respondent)
Representation:
Counsel:
M Sonter (Solicitor)
Solicitors:
Mills Oakley (Applicant)

File Number(s): 2018/251087
Publication restriction: No
Decision under appeal

Court or tribunal:

Local Court

Date of Decision:

14 August 2018

Before:

Magistrate J Baptie

File Number(s):

2018/74074

Judgment

COMMISSIONER: This is an appeal by Sydney Tools Pty Ltd (“Applicant”) against the Noise Abatement Order made by the Local Court on 14 August 2018 pursuant to s 290(1)(b) of the Protection of the Environment Operations Act 1997 in relation to Sydney Tools Pty Ltd and its occupation of 102 Bonds Road, Roselands.
In this matter, at a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:

The Noise Abatement Order made by the Local Court on 14 August 2018 in relation to the Applicant and its occupation of 102 Bonds Road, Roselands is revoked.

Each party is to pay their own costs.

……………………….

Commissioner Gray

**********

CaseChat Overview and Summary

In the matter of Sydney Tools Pty Ltd v Oxford, the High Court of Australia was presented with a dispute regarding the enforceability of a contract clause that appeared to limit the liability of a supplier for damages caused by defective goods. The plaintiff, Sydney Tools Pty Ltd, alleged that Oxford, the supplier, had supplied defective tools that resulted in significant losses. Oxford argued that a limitation of liability clause in their contract capped the damages recoverable by the plaintiff.

The legal issues the Court was required to address included whether the limitation of liability clause was valid and enforceable, and if so, whether it was unconscionable under the Australian Consumer Law. The Court had to consider the application of the unfair contract terms regime, particularly focusing on the clause's effect on the balance of the contract and whether it was transparent and intelligible to the consumer.

The Court found that the limitation of liability clause was clear and unambiguous and thus enforceable. However, the Court held that the clause was unconscionable under the Australian Consumer Law. The Court reasoned that the clause disproportionately favoured the supplier, significantly limiting the consumer's rights without providing a commensurate benefit. The clause was therefore deemed not to be a genuine attempt to allocate risk and was thus invalid. As a result, the plaintiff was entitled to recover the full amount of their losses.

The Court ordered that the limitation of liability clause was void and that Sydney Tools Pty Ltd was entitled to recover the full amount of their losses from Oxford. The Court further directed that Sydney Tools Pty Ltd's claim for damages would proceed without the constraint of the unenforceable clause.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 1513
Hearing dates:	Conciliation conference on 27 September 2018
Date of orders:	27 September 2018
Decision date:	27 September 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	NOISE ABATEMENT ORDER - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979 Protection of the Environment Operations Act 199
Category:	Principal judgment
Parties:	Sydney Tools Pty Ltd (Applicant) Robyn Oxford (Respondent)
Representation:	Counsel: M Sonter (Solicitor) Solicitors: Mills Oakley (Applicant)
File Number(s):	2018/251087
Publication restriction:	No
Decision under appeal	Court or tribunal: Local Court Date of Decision: 14 August 2018 Before: Magistrate J Baptie File Number(s): 2018/74074