Christer Nominees Pty Ltd v Calabria Community Club Ltd (No 2) [2024] NSWSC 1142

Christer Nominees Pty Ltd v Calabria Community Club Ltd (No 2) [2024] NSWSC 1142

The Court varied order (1) because the requirements of r 36.16(3A) were met and the earlier judgment amount resulted from the Court's misapprehension of fact about the plaintiff's claim for outstanding commission fees. The invoices supported a corrected judgment amount of $1,328,274.15. Interest was payable as simple interest because cl 11.4 provided for daily accrual but not daily capitalisation. No stay was granted because no sufficient basis was shown to deny the plaintiff the fruits of its victory. No special costs order was made because cl 11.4 did not clearly provide for indemnity legal costs, the defendant's conduct was not unreasonable or irresponsible, and rejection of the...

Jurisdiction
Australia
Judgment Date
05 September 2024
Procedural Posture
Procedural Ruling in Common Law Jurisdiction / Ex Tempore Judgment on the Plaintiff's Notice of Motion Filed on 30 August 2024 and Oral Applications for a Stay and Special Costs Order
Outcome
Plaintiff's notice of motion allowed in part; judgment amount varied and interest fixed; stay refused; special costs order refused.
Legal Topics
['variation of Orders' 'irregularity' 'misapprehension of Fact' 'interest Under Agency Agreements' 'stay of Judgment' 'indemnity Costs' 'calderbank Offers']
['civil Procedure' 'judgments and Orders' 'costs' 'contract'] ['variation of Orders' 'irregularity' 'misapprehension of Fact' 'interest Under Agency Agreements' 'stay of Judgment' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Procedural Ruling in Common Law Jurisdiction / Ex Tempore Judgment on the Plaintiff's Notice of Motion Filed on 30 August 2024 and Oral Applications for a Stay and Special Costs Order

Legal Issues

  1. 1 ['Whether order (1) made on 23 August 2024 should be varied under r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) because the Court proceeded on a misapprehension of fact as to the amount of outstanding commission fees.' 'Whether interest under cl 11.4 of the agency agreements should be calculated on a simple or compound basis.' 'Whether the defendant should receive a 28 day stay of the orders relating to the notice of motion.' "Whether the plaintiff should receive indemnity costs in respect of the substantive proceedings, including by reference to cl 11.4, the defendant's conduct, and two Calderbank offers."]

Ratio Decidendi

The Court varied order (1) because the requirements of r 36.16(3A) were met and the earlier judgment amount resulted from the Court's misapprehension of fact about the plaintiff's claim for outstanding commission fees. The invoices supported a corrected judgment amount of $1,328,274.15. Interest was payable as simple interest because cl 11.4 provided for daily accrual but not daily capitalisation. No stay was granted because no sufficient basis was shown to deny the plaintiff the fruits of its victory. No special costs order was made because cl 11.4 did not clearly provide for indemnity legal costs, the defendant's conduct was not unreasonable or irresponsible, and rejection of the...

Court Disposition

Plaintiff's notice of motion allowed in part; judgment amount varied and interest fixed; stay refused; special costs order refused.

Orders

  • ['Applying rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW), order (1) made 23 August 2024 is varied so as to read: "The plaintiff have judgment in the amount of $1,328,274.15, plus interest."' 'The amount of interest to which the plaintiff is entitled is $359,641.18.' "There be no order as to the costs of...