Thunderbirds Are Go Pty Ltd v Plantspoke Pty Ltd

In the case of Thunderbirds Are Go Pty Ltd v Plantspoke Pty Ltd, the plaintiff, Thunderbirds Are Go Pty Ltd, sought damages against the defendant, Plantspoke Pty Ltd, for alleged breaches of contract and associated interest and costs. The matter was initially heard in the District Court of Queensland where a default judgment was entered in favour of the plaintiff. The defendant subsequently sought to correct the judgment on the basis that it contained an error.

The primary legal issue before the court was whether the default judgment should be amended to accurately reflect the amounts owed by the defendant. Specifically, the defendant argued that the interest and costs figures in the judgment were incorrect, and that the calculation of damages to be assessed was not properly specified.

The court found that the default judgment did indeed contain errors in the calculation of interest and costs, as well as in the specification of the assessment of damages. The court held that the interest and costs should be recalculated based on the correct figures provided by the parties. Additionally, the court determined that the damages should be assessed by the District Court, as stipulated in the plaintiff’s Statement of Claim. Consequently, the court ordered the correction of the default judgment to accurately reflect these amounts.

In summary, the court granted the defendant's application to correct the default judgment, specifying the precise amounts owed by the defendant and outlining the procedure for assessing the damages. The court also clarified that there would be no order as to costs in relation to the application to correct the judgment.