CSG Limited v Fuji Xerox Australia Pty Ltd (No 2) [2012] NSWCA 4

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CSG Limited v Fuji Xerox Australia Pty Ltd (No 2) [2012] NSWCA 4 Hearing dates: On written submissions Decision date: 19 March 2012 Before: Bathurst CJ at 1; Campbell JA at 2; Sackville AJA at 3. Decision: 1. Appeal allowed in part. 2. Set aside Declaration 3 and Order 4 made by the Supreme Court of New South Wales on 23 November 2010 insofar as the Declaration and Order relate to paragraph 3(c) of the Second Further Amended Summons. 3. Declare that following termination of the Brisbane and Maroochydore dealer agreements, the appellant is contractually bound to perform all acts within its power necessary to procure the novation to the respondent or its nominated third party of any or all Full Service Maintenance Agreements and Docu/mation version 1.1. Agreements referred to in Orders 5 and 6 of the primary Judge's Orders dated 16 December 2010. 4. Order that the obligation described in Order 3 be specifically performed and put into execution in the manner required by the Orders dated 16 December 2010. 5. Appeal otherwise dismissed. 6. The appellant pay the respondent'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.] Category: Principal judgment Parties: CSG Limited (Applicant) Fuji Xerox Australia Pty Ltd (Respondent) File Number(s): 2011/56823 Decision under appeal Jurisdiction: 9111 Citation: [2010] NSWSC 1258 Date of Decision: 2010-11-23 00:00:00 Before: McDougall J File Number(s): 2010/281890