In Thunderbirds Are Go Pty Ltd & Anor v Plantspoke Pty Ltd [2024] QSC 242, the plaintiffs, Thunderbirds Are Go Pty Ltd and Eden Gardens & Garden Centres Pty Ltd, sought correction of a default judgment issued by the Supreme Court of Queensland. Justice Callaghan presided over the proceedings, which were handled on the papers without a physical hearing. The initial judgment ordered the defendant, Plantspoke Pty Ltd, to pay specified amounts to the plaintiffs, with the third part of the judgment requiring assessment of damages. However, as drafted, the entire judgment appeared conditional upon this assessment, causing ambiguity. To address this, the plaintiffs invoked rule 388 of the Uniform Civil Procedure Rules 1999 (Qld) to amend the judgment, clarifying that only the damages assessment should be conditional. The court agreed to correct the judgment without ordering additional costs.
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