Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd (No 2)

This matter concerned an application to amend orders made by the Court of Appeal of New South Wales on 7 March 2016. The dispute arose from an omission in the original judgment, which failed to address an application for leave to file a further amended notice of cross-appeal. The parties involved were Barrak Corporation Pty Ltd (the cross-appellant) and Jaswil Properties Pty Ltd (the cross-respondent).

The primary legal issue before the Court was whether it had the power to amend its previous orders pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), commonly known as the "slip rule," to address the outstanding application for leave to file a further amended notice of cross-appeal. A secondary issue concerned the costs of a notice of motion seeking consequential orders under rule 37.17, specifically whether the cross-respondent was entitled to costs as the usual order on such applications.

The Court determined that the slip rule was appropriately invoked to correct the oversight. It reasoned that the omission to address the application for leave to file the amended notice of cross-appeal constituted a clerical mistake or error arising from an accidental slip or omission. Consequently, the Court ordered that the original judgment be amended to include orders reflecting the outcome of that application.

Pursuant to rule 36.17, the Court ordered that the orders of 7 March 2016 be amended by the addition of orders requiring the cross-respondent to pay the cross-appellant the sum of $24,962.72 by way of restitution, together with interest on that sum from 21 April 2015 until the date of the amended orders.