Thunderbirds Are Go Pty Ltd v Plantspoke Pty Ltd
[2024] QSC 242
•14 October 2024
SUPREME COURT OF QUEENSLAND
CITATION:
Thunderbirds Are Go Pty Ltd & Anor v Plantspoke Pty Ltd [2024] QSC 242
PARTIES:
Thunderbirds Are Go Pty Ltd ACN 072 404 301
(first applicant)Eden Gardens & Garden Centres Pty Ltd ACN 130 092 689
(second applicant)v
Plantspoke Pty Ltd ACN 659 983 392(respondent)
FILE NO/S:
7404/24
DIVISION:
Trial Division
PROCEEDING:
On the papers
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
14 October 2024
DELIVERED AT:
Brisbane
HEARING DATE:
On the papers
JUDGE:
Justice Callaghan
ORDER:
1. Pursuant to rule 388 of the Uniform Civil Procedure Rules 1999 (Qld) the default judgment of this Honourable Court dated 24 September 2024 be corrected so that it reads:
“THE JUDGMENT OF THE COURT IS THAT:
1. The Defendant pay to the First Plaintiff the amount of $513,320.95 including $12,174.00 interest to today and $2,441.35 costs;
2. The Defendant pay to the Second Plaintiff the amount of $146,362.54 including $3,429.57 interest to today and $2,441.35 costs.
3. The Defendant pay to the First Plaintiff damages to be assessed upon the First Plaintiffs’ Statement of Claim together with costs to be assessed, and that the damages be assessed by the District Court.
Paragraph 3 of this judgment is conditional on the damages being assessed.”
2. There be no order as to costs.
SOLICITORS:
Mills Oakley (applicants)
The first and second plaintiffs obtained, as against the defendant, a default judgment that contained three functionally relevant parts.
Two of those were for claimed debts, and as such there was no need for them to be conditional upon any assessment by the court.
The third part of the judgment was an order for payment of damages and costs that did have to be assessed.
However, on one view – as it reads – the whole of the judgment is conditional upon the assessment of damages.
There does not appear to be any reason why the judgment should read the way it does, and if for no other reason than to remove doubt the plaintiff seeks to invoke r 388 and have the judgment amended so as to give effect to its apparent intention.
No order as to costs is sought so there is no need to interrogate the source of any confusion. The situation can and will be remedied by making an order in the terms proposed.
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