Brooker v Friend and Brooker Pty Ltd and Anor (No 3)

In *Brooker v Friend and Brooker Pty Ltd and Anor (No 3)*, the New South Wales Court of Appeal considered the finalisation of orders following the delivery of reasons for judgment. The proceedings involved a dispute between the parties concerning the form of a declaration and consequential orders intended to give effect to the Court's earlier findings.

The central legal issue before the Court was how to best formulate the orders to accurately reflect the Court's reasons for judgment and to provide clarity for the parties. This involved determining the precise wording of a declaration and ensuring that the consequential orders were consistent with and effectively implemented the Court's substantive decision.

The Court, comprising Mason P, McColl JA, and Basten JA, engaged in a detailed consideration of the proposed orders and the underlying reasons. The judges applied principles of statutory interpretation and the Court's inherent power to ensure its judgments were effective and unambiguous. The Court's reasoning focused on achieving a just and practical outcome that clearly articulated the rights and obligations of the parties as determined in the earlier judgment.

Ultimately, the Court allowed the appeal, indicating that the proposed orders were not satisfactory and required amendment to properly reflect the Court's decision.