Christer Nominees Pty Ltd v Calabria Community Club Ltd (No 2) [2024] NSWSC 1142

Supreme Court New South Wales

Medium Neutral Citation: Christer Nominees Pty Ltd v Calabria Community Club Ltd (No 2) [2024] NSWSC 1142 Hearing dates: 05 September 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Common Law Before: Griffiths AJA Decision: 1. Applying rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW), order (1) made 23 August 2024 is varied so as to read: "The plaintiff have judgment in the amount of $1,328,274.15, plus interest." 2. The amount of interest to which the plaintiff is entitled is $359,641.18. 3. There be no order as to the costs of the plaintiff's notice of motion filed on 30 August 2024. 4. Decline to grant the stay sought by the defendant in respect of the judgment sum and associated interest. 5. Decline to make a special costs order in favour of the plaintiff in respect of the substantive proceedings. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — For irregularity — Where orders made under misapprehension of fact Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (receivers appointed) (1985) 2 NSWLR 685 Power v Deputy Commissioner of Taxation (No 2) [2014] NSWCA 77 Texts Cited: Nil Category: Procedural rulings Parties: Christer Nominees Pty Ltd (Plaintiff/Applicant) Calabria Community Club Ltd (Defendant/Respondent) Representation: Counsel: P Wallis (Plaintiff/Applicant) E Finnane (Defendant/Respondent)