Austral Monsoon Industries Pty Limited v Pittwater Council

Austral Monsoon Industries Pty Limited (the applicant) sought to amend an earlier court order concerning costs made in proceedings against Pittwater Council (the respondent). The application was brought before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether it had the power to amend the previous costs order under the slip rule, specifically rule 36.17 of the *Uniform Civil Procedure Rules 2005* (NSW). This rule allows a court to correct a clerical mistake or an error arising from an accidental slip or omission in a judgment or order. The applicant contended that the original costs order did not reflect an agreement or intention that had been communicated to the court, and therefore, it was a proper case for amendment.

The Court of Appeal considered the scope of the slip rule and its application to costs orders. It noted that the rule is generally intended to correct errors of a clerical or accidental nature, not to re-litigate or alter the substantive decision of the court. The Court found that the applicant had not demonstrated that the original costs order contained a clerical mistake or an error arising from an accidental slip or omission. The fact that a particular costs order was not sought or argued before the original decision was made did not, in itself, constitute an accidental slip or omission within the meaning of the rule.

The Court of Appeal therefore concluded that the orders previously made should not be varied.