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

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 in the sum of $7,048,728.27;