Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited (No. 3)

In the case of Australian Unity Retirement Living Management Pty Ltd v Karimbla Properties (No. 10) Pty Limited (No. 3), the primary dispute arose from a cross-claim made by the cross-claimant, Karimbla Properties, against the cross-defendant, Australian Unity Retirement Living Management. The matter was heard in the Supreme Court of New South Wales. The court was tasked with determining whether it had the power to correct an oversight in its earlier decision regarding the costs of the cross-claim. The cross-claim had been decided in favour of Karimbla Properties, but no costs order was made at that time.

The legal issue before the court was whether it could now make a costs order in favour of the cross-claimant, despite the earlier omission, under the provisions of rule 36.17 of the Uniform Civil Procedure Rules 2005. This rule allows for the correction of clerical errors or mistakes in judgments or orders, provided it is done within a reasonable time. The court had to consider whether the circumstances of this case met the criteria for such a correction.

The court found that the reasons for the decision on the cross-claim indicated that the cross-claimant should have their costs. Given the clear indication from the reasons, the court determined that the oversight in not making a costs order could be corrected under rule 36.17. The court considered that the interests of justice were served by rectifying this error, and thus, it was appropriate to make the necessary costs order. The court subsequently made an order for the cross-claimant to be paid the costs of the cross-claim.