Bunnings Group Limited v CHEP Australia Limited (No 2) [2011] NSWCA 384

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bunnings Group Limited v CHEP Australia Limited (No 2) [2011] NSWCA 384 Hearing dates: 1 December 2011 Decision date: 01 December 2011 Before: Allsop P at 1 & 20 Giles JA at 18 Macfarlan JA at 19 Decision: 1Appeal allowed in part. 2Order number 1 made by the Supreme Court on 18 May 2010 and entered on 20 May 2010 be set aside and in lieu thereof judgment for the first plaintiff against the defendant in the sum of $1,262,317, comprising damages of $927,555, interest thereon up to 18 May 2010 of $284,762 and further damages including interest of $50,000. 3Order that the first respondent pay to the appellant by way of restitution the sum of $12,213,483, plus interest on that sum at court prescribed pre-judgment rates from and including 15 June 2010 to 1 December 2011, being $1,552,367. 4The respondents pay the appellant's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Cases Cited: Armory v Delamirie (1722) 1 Stra 505; 93 ER 664 Enzed Holdings v Wynthea Pty Limited [1984] 57 ALR 167 Heydon v NRMA (No 2) (2001) 53 NSWLR 600 Houghton v Immer (No 155) (1997) 44 NSWLR 46 JLW (Vic) Pty Limited v Tsiloglou (1994) 1 VR 237 McCartney v Orica Investments Pty Ltd [2011] NSWCA 337 Category: Consequential orders Parties: Bunnings Group Limited (Appellant) CHEP Australia Limited (First Respondent) CHEP Equipment Australia Pty Ltd (Second Respondent) Transpacific Cleanaway Pty Ltd (Third Respondent) Representation: Mr R Garratt SC, Mr D L Priestley (Appellant) Mr F Douglas QC, Mr N J Kidd (Respondents) Ligeti Partners (Appellant) Allens Arthur Robinson (Respondents) File Number(s): 2007/266437 Decision under appeal Jurisdiction: 9111 Citation: CHEP v Bunnings [2010] NSWSC 301 Date of Decision: 2010-05-07 00:00:00 Before: McDougall J File Number(s): 2007/50102