New South Wales Court of Appeal CITATION: ICTA Investments Pty. Ltd. trading as Jolly Roger & Anor. v. GE Commercial Corporation (Australia) Pty. Ltd. & Anor.(No. 2) [2006] NSWCA 341 HEARING DATE(S): Dealt with on written material in Chambers JUDGMENT DATE: 7 December 2006 JUDGMENT OF: The Court at 1 DECISION: 1. The orders of Associate Justice Malpass made on 11 July 2005 in Supreme Court Proceedings 14232/04 are set aside, and in lieu thereof the following orders are made: (i) The appeal to the Supreme Court by the Appellants against the orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 is allowed; (ii) The orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 are set aside, and in lieu thereof judgment is entered against the First Respondent: (a) in favour of the First Appellant in the amount of $2,067.52, with interest in the amount of $741.87, and with costs; and (b) in favour of the Second Appellant, with costs. 2. The First Respondent is to pay the Appellants' costs of Supreme Court Proceedings 14232/04. 3. The First Respondent is to pay the Appellants' costs of this appeal, including the application for leave to appeal. CATCHWORDS: CONTRACT - Orders giving effect to decision [2006] NSWCA 290 ICTA Investments Pty. Ltd. trading as Jolly Roger - 1st appellant PARTIES: Donald Steven Raice - 2nd appellant GE Commercial Corporation (Australia) Pty. Ltd - 1st respondent D. Huber, Local Court Magistrate - 2nd respondent FILE NUMBER(S): CA 40635/05 Mr. J. Horowitz for the appellants COUNSEL: Mr. P. Newton for 1st respondent Submitting appearance for 2nd respondent Horowitz & Bilinsky, Sydney for appellants SOLICITORS: Kemp Strang, Sydney for 1st respondent Crown Solicitor's Office, Sydney for 2nd respondent LOWER COURT JURISDICTION: Supreme Court - Equity Division LOWER COURT FILE NUMBER(S): ED14232/04 LOWER COURT JUDICIAL OFFICER: Malpass, AsJ IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40635/05 ED 14232/04 HODGSON JA TOBIAS JA YOUNG CJ in Eq. Thursday 7 December 2006 ICTA INVESTMENTS PTY. LTD. & ANOR. V. GE COMMERCIAL CORPORATION (AUSTRALIA) PTY. LTD. & ANOR. (NO.2) Judgment (On Orders) 1 THE COURT: In accordance with directions given on 2 November 2006, Mr. Raice has submitted short minutes of order. The respondent indicated that it did not propose,to make any submissions concerning them. The proposed orders are appropriate, and so the Court orders as follows: 1. The orders of Associate Justice Malpass made on 11 July 2005 in Supreme Court Proceedings 14232/04 are set aside, and in lieu thereof the following orders are made: (i) The appeal to the Supreme Court by the Appellants against the orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 is allowed; (ii) The orders made by Magistrate Huber on 30 November 2004 in Local Court Proceedings 5582/03 are set aside, and in lieu thereof judgment is entered against the First Respondent: (a) in favour of the First Appellant in the amount of $2,067.52, with interest in the amount of $741.87, and with costs; and (b) in favour of the Second Appellant, with costs. 2. The First Respondent is to pay the Appellants' costs of Supreme Court Proceedings 14232/04. 3. The First Respondent is to pay the Appellant's costs of the appeal, including the application for leave to appeal. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.