ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (No 3)

ACES Sogutlu Holdings Pty Ltd (in liq) (the appellant) sought to vary a judgment of the Supreme Court of New South Wales by including copies of documents it had supplied to the Commonwealth Bank of Australia (the respondent). The application was heard by Beazley P, Macfarlan and Leeming JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the slip rule, as codified in rule 36.16 of the *Uniform Civil Procedure Rules 1999* (NSW), permitted the court to vary its judgment to include the documents sought by the appellant. Specifically, the court had to determine if the omission of these documents from the judgment constituted a clerical mistake or an error arising from an accidental slip or omission.

The Court of Appeal reasoned that the slip rule is intended to correct errors in the recording of the court's judgment, not to alter the substantive decision itself. The documents the appellant sought to include were not part of the court's original decision-making process, nor had their omission been a clerical error. Instead, the appellant sought to introduce new material that had not been considered by the court when it made its original orders. Therefore, the court concluded that the slip rule was not applicable to the appellant's request.

Accordingly, the Notice of Motion filed on 6 January 2015 was dismissed.