Weston Energy Pty Ltd v National Ceramic Industries Pty Ltd (No 2)

[2025] NSWSC 864

Supreme Court

New South Wales

Medium Neutral Citation:

Weston Energy Pty Ltd v National Ceramic Industries Pty Ltd (No 2) [2025] NSWSC 864

Hearing dates:

In chambers – on the papers

Date of orders:

5 August 2025

Decision date:

05 August 2025

Jurisdiction:

Common Law

Before:

Harrison AsJ

Decision:

See over

Catchwords:

COSTS – interest calculation

Legislation Cited:

Competition and Consumer Act 2010 (Cth), Schedule 2 s18

Civil Procedure Act 2005 (NSW), s101

Category:

Costs

Parties:

Weston Energy Pty Ltd (Plaintiff/Cross-Defendant)
National Ceramic Industries Australia Pty Ltd (Defendant/Cross-Claimant)

Representation:

Counsel:
S Fitzpatrick SC (Plaintiff/Cross-Defendant)
M S White SC (Defendant/Cross-Claimant)

Solicitors:
Unsworth Legal (Plaintiff/Cross-Defendant)
Hall and Wilcox (Defendant/Cross-Claimant)

File Number(s):

2022/00260597

Publication restriction:

Nil

The Court Declares that:

1. pursuant to an invoice dated 23 May 2022 issued by the plaintiff to the defendant, the defendant was obliged to pay $664,983.42 for the supply of gas for the period 1 May 2022 to 23 May 2022, but the defendant is not obliged to pay interest on that sum;

2. the cross-claimant is entitled to be paid damages by the cross-defendant for contravention of section 18 of the Australian Consumer Law in the sum of $7,048,728.27;

3. the cross-claimant is entitled to an equitable set-off of the amount of damages referred to in (b) above against its obligation to pay the amount referred to in (a) above, with the effect that the plaintiff's claim is extinguished and the plaintiff is liable to pay the cross-claimant to sum of $7,048,728.27 plus interest from 30 June 2024.

JUDGMENT

1. Judgment for the cross-claimant against the plaintiff/cross-defendant for damages in the sum of $7,048,728.27 plus interest on that sum to 14 July 2025 in the sum of $611,404.76 (refer to Annexure A for interest calculation).

The Court Orders that:

1. The cross-claim is otherwise dismissed.

2. The plaintiff is to pay the defendant/cross-claimant's costs on a party/party basis, including the costs of the plaintiff's notice of motion dated 17 March 2023 and the cross-claimant's notice of motion dated 8 March 2023, up to 2 March 2023, and thereafter to pay the defendant/cross-claimant's costs on an indemnity basis, subject to any other previous interlocutory costs orders.

3. The plaintiff is to pay interest on the defendant/cross-claimant's costs pursuant to section 101(4) of the Civil Procedure Act 2005 (NSW).

Annexure A – Interest Calculation:

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Decision last updated: 05 August 2025