Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 210 Hearing dates: On the papers Date of orders: 27 August 2024 Decision date: 27 August 2024 Before: Bell CJ; Stern JA; Basten AJA Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 36.17, order that order 3 made and entered on 22 February 2024 be replaced with the following orders: (3A) In lieu of orders set aside by order 2, order that the first respondent pay to the first appellant, Care A2 Plus Pty Ltd: (a) the sum of $860,000 and (b) interest on that amount calculated at the rates provided under s 100 of the Civil Procedure Act 2005 (NSW) for the period from 9 June 2021 until 22 February 2024. (3B) Further in lieu of orders set aside by order 2, order that the first respondent pay to the second appellant, Care A2 Australia Pty Ltd: (a) the sum of $230,000 and (b) interest on the amount of $130,000 calculated at the rates provided under s 100 of the Civil Procedure Act 2005 (NSW) for the period from 9 June 2021 until 22 February 2024, and (c) interest on the amount of $100,000 calculated at the rates provided under s 100 of the Civil Procedure Act 2005 (NSW) for the period from 30 June 2021 until 22 February 2024. (2) Order that the first respondent pay the appellants' costs of this application. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – correction under slip rule – application to vary orders made in February 2024 – composite sum payable by appellants – assumption that each appellant liable for particular sums – interest calculable from different dates – reformulation of orders Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Corporations Act 2001 (Cth), ss 88A, 428 Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Category: Consequential orders Parties: Care A2 Plus Pty Ltd (First Appellant) Care A2 Australia Pty Ltd (Second Appellant) Karla Patricia Pichardo (First Respondent) Dylan Charles Azzopardi (Second Respondent) Representation: Counsel: A Butt (Appellants) A J McQuillen (First Respondent)