Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd

[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.]

JUDGMENT

1. THE COURT: On 27 October 2023, this Court made the following orders in the principal proceedings: Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd [2023] NSWCA 256 at [186]: "(1) Appeal allowed. (2) Set aside orders 1 and 2 of Stevenson J dated 28 February 2023 and all orders dated 8 March 2023 and in lieu thereof order: (a) The Amended Commercial List Statement filed 19 August 2021 is dismissed. (b) First respondent to pay the appellants' costs of the Amended Commercial List Statement. (c) The Commercial List Cross-claim Statement filed 15 November 2022 remitted to the Equity Division to deal with damages, if any, to which the first appellant is entitled. (d) Costs of the cross-appeal to be costs in the cause of the remitted hearing. (3) First respondent to pay the appellants' costs of the appeal."
2. In what follows, familiarity with the principal judgment is assumed.
3. On 2 November 2023, a notice of motion was filed by the respondent, Alamdo Holdings Pty Ltd ("Alamdo") pursuant to rr 36.16(3A) and 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") seeking the following orders: "1 Pursuant to either or both of rr 36.16(3A) and 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), the orders entered by the Court on 27 October 2023 be varied by deleting orders 1 to 3 and, in lieu thereof, entering the following orders: '(1) Appeal allowed in part. (2) Set aside orders 1 and 2 of Stevenson J dated 28 February 2023 and all orders dated 8 March 2023 and in lieu thereof order: (a) Judgment be entered for the first respondent in the sum of $189,279.87. (b) The Cross-Summons filed 15 November 2022 be remitted to the Equity Division to deal with damages, if any, to which the first appellant is entitled. (c) Costs of the Cross-Summons to be costs in the cause of the remitted hearing. (3) The parties each be granted liberty to file further written submissions as to the appropriate orders for costs of the Summons below, and the costs of the appeal, as follows: (a) The appellants are to file and serve written submissions (not to exceed 3 pages) within 7 days. (b) The first respondent is to file and served written submissions (not to exceed 3 pages) within 14 days. (c) The appellants are to file and serve written submissions in reply (not to exceed 1 page) within 21 days. (4) Subject to any order to the contrary, the questions of costs the subject of order 3 be dealt with on the papers.' 2 The appellants pay the first respondent's costs of this notice of motion."