The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No 14) [2022] NSWSC 835

Supreme Court New South Wales

Medium Neutral Citation: The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No 14) [2022] NSWSC 835 Hearing dates: 16 June 2022 Decision date: 23 June 2022 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Orders made to give effect to primary judgment and as to costs at [140] and [141] Catchwords: PRACTICE AND PROCEDURE – orders necessary to give effect to primary judgment – where Share Sale Agreement to be rescinded pursuant to s 237 of the Australian Consumer Law – whether further orders should be made dealing with parties' rights once rescission takes effect – where parties not agreed as to consequences of rescission COSTS – where Commercial Proceedings and Defamation Proceedings heard together – what order for costs should be made in each proceeding – where plaintiffs substantially unsuccessful in Commercial Proceedings – where cross-claimants substantially successful in Commercial Proceedings – where plaintiff recovered modest damages in Defamation Proceedings – whether an order for indemnity costs should be made in either proceedings – whether s 40 of Defamation Act 2005 (NSW) enlivened Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) – Schedule 2, Australian Consumer Law Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Akron Securities Ltd v Iliffe (1997) 41 NSWLR 353 Alati v Kruger (1955) 94 CLR 216; [1955] HCA 64 Davis v Nationwide News Pty Ltd [2008] NSWSC 946 Gardner v Dairy Industry Authority of NSW (1977) 52 ALJR 180 Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286; [1974] HCA 18 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1238 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 12) [2022] NSWSC 357 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd; Morrow v Cordell Jigsaw Productions Pty Ltd (No 13) [2022] NSWSC 444 Category: Consequential orders Parties: Proceedings 2019/343896: The Checkout Pty Ltd (First Plaintiff/Third Cross-Defendant) Giant Dwarf Pty Ltd (Second Plaintiff/First Cross-Defendant) Julian Francis Xavier Morrow (Third Plaintiff/Second Cross-Defendant) Cordell Jigsaw Productions Pty Ltd (First Defendant/Cross-Claimant) Nicholas Harvey Murray (Second Defendant)