McCartney & Ors v Orica Investments Pty Ltd & Ors (No 2) [2011] NSWCA 387

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McCartney & Ors v Orica Investments Pty Ltd & Ors (No 2) [2011] NSWCA 387 Hearing dates: (On the papers) Decision date: 13 December 2011 Before: Giles JA, Macfarlan JA, Young JA Decision: (1) Appeal allowed. (2) Set aside the orders made on 28 May and 2 June 2010. (3) Remit the proceedings to the Equity Division for a new trial as to whether the Clos distributorship would have been lost in any event and consequentially the damages for loss of the distributorship. (4) Order that the respondents repay to the appellants $1,819,350.59 and interest at pre-judgment Court rates from the date of payment by the appellants. (5) Trial costs to date be costs in the new trial. (6) Respondents pay 85 per cent of the appellants' appeal costs. [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.] Catchwords: Orders following decision of appeal - no question of principle. Category: Consequential orders Parties: William Thomson Venables McCartney - First Appellant Ingredients Plus Pty Ltd - Second Appellant Graeme Bruce Love - Third Appellant Orica Investments Pty Ltd - First Respondent Bronson & Jacobs Pty Ltd - Second Respondent Orica Australia Pty Ltd - Third Respondent Representation: A J Sullivan QC & J Zerelli - Appellants I M Jackman SC, J Stoljar SC and J K Taylor - Respondents Hassett Dixon - Appellants Mallesons Stephen Jaques - Respondents File Number(s): CA 260399/05 Decision under appeal Citation: Orica Investments Pty Ltd & Ors v William McCartney & Ors [2007] NSWSC 645; Orica Investments v McCartney [2010] NSWSC 488 Before: White J - 25/6/07 Ball J - 28/5/10 File Number(s): SC 3895/05