Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd (No 2)

The proceeding concerned an application to amend or set aside orders made by the Court of Appeal in *Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd*. The dispute arose from the Court of Appeal's previous judgment which, while finding the respondent entitled to certain sums for rental arrears and outgoings, ultimately set aside the entire award of damages. The applicant sought to correct these orders under the Uniform Civil Procedure Rules (UCPR) r 36.16(3A) or r 36.17, and also sought permission for further submissions on costs.

The central legal issues before the Court of Appeal were whether the court's previous orders, which disposed of the appeal by setting aside the entire award of damages, should be corrected to reflect the court's stated reasoning that the respondent remained entitled to specific amounts for rental arrears and outgoings. Additionally, the court had to determine whether the parties should be permitted to make further submissions regarding the costs of the appeal.

The Court of Appeal applied the principles of the "slip rule" to correct errors in its judgments and orders. It considered UCPR r 36.16(3A), which allows for the correction of clerical mistakes or errors arising from an accidental slip or omission, and UCPR r 36.17, which permits the variation or setting aside of judgments or orders. The court found that the previous orders did not accurately reflect the court's intended judgment, specifically concerning the award of damages to the respondent. The court reasoned that the discrepancy between the stated entitlement to rental arrears and outgoings and the complete setting aside of the damages award constituted an error that could be rectified under the slip rule.

The Court of Appeal ordered that the previous orders be amended to reflect the respondent's entitlement to $138,629 in rental arrears and $22,817.76 in outgoings, together with interest. The court also permitted the parties to make further submissions on the issue of costs.