Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 210

Care A2 Plus Pty Ltd v Pichardo (No 2) [2024] NSWCA 210

The previous order making a composite award to the appellants caused enforcement difficulties; the slip rule empowered the Court to correct the order to allocate distinct sums to each appellant with interest calculated from specified dates, and receivership issues did not preclude such correction.

Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Appeal / Post Judgment/consequential Orders
Outcome
Orders amended under slip rule; respondent to pay specified amounts to each appellant with interest; respondent to pay costs of application.
Legal Topics
['correction of Judgment' 'slip Rule' 'interest' 'receivership' 'enforcement of Judgment' 'costs']
['civil Procedure'] ['correction of Judgment' 'slip Rule' 'interest' 'receivership' 'enforcement of Judgment' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment/consequential Orders

Legal Issues

  1. 1 ['Whether the Court should vary order 3 under the slip rule to specify payment to each appellant separately and clarify the calculation of interest.' 'Whether the receivership of the first appellant affects entitlement to judgment or the ability to correct orders under the slip rule.' 'Whether errors in the earlier form of order were induced by misconduct justifying refusal of slip rule application.']

Ratio Decidendi

The previous order making a composite award to the appellants caused enforcement difficulties; the slip rule empowered the Court to correct the order to allocate distinct sums to each appellant with interest calculated from specified dates, and receivership issues did not preclude such correction.

Court Disposition

Orders amended under slip rule; respondent to pay specified amounts to each appellant with interest; respondent to pay costs of application.

Orders

  • ['Order 3 of 22 February 2024 replaced: First respondent to pay $860,000 plus interest to first appellant (interest under s 100 of Civil Procedure Act 2005 (NSW) from 9 June 2021 to 22 February 2024).' 'First respondent to pay $230,000 plus specified interest to second appellant: on $130,000 from 9 June 2021 to 22...