Capital Finance Aust Ltd v CEO of Customs

[2007] NSWSC 1368

CITATION:	Capital Finance Aust Ltd v CEO of Customs [2007] NSWSC 1368
HEARING DATE(S):	1 November 2007
JUDGMENT DATE :	1 November 2007
JURISDICTION:	Equity
JUDGMENT OF:	Hamilton J
DECISION:	Order corrected under slip rule and also under Uniform Civil Procedure Rules r 36.16(3A).
CATCHWORDS:	PROCEDURE [487] – Judgments and orders – Amending, varying and setting aside – Correction under slip rule – Accidental omission of words from order.
LEGISLATION CITED:	Uniform Civil Procedure Rules 2005 rr 36.16(3A) & 36.17
PARTIES:	Capital Finance Australia Limited (P) Chief Executive Officer of Customs (D1) Labocus Trading Pty Limited (D2) Regional Director of Customs (D3)
FILE NUMBER(S):	SC 5242/07
COUNSEL:	P T Newton (P) No appearance (Ds)
SOLICITORS:	Kemp Strang (P) No appearance (Ds)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

HAMILTON J

THURSDAY, 1 NOVEMBER 2007

5242/07 CAPITAL FINANCE AUSTRALIA LIMITED v CHIEF EXECUTIVE OFFICER OF CUSTOMS & ORS

JUDGMENT

1 HIS HONOUR: I delivered judgment and made orders yesterday in this matter in which some words were inadvertently omitted by me from the substantive order both in the reasons for judgment and in the order as made. Those words were “by the plaintiff forthwith”, which should have appeared at the end of order 1.

2 The orders have been entered but that is no barrier to the correction of the situation. It appears to me that the omission of those words was an error arising from an accidental slip or omission within the slip rule as now contained in r 36.17 of the Uniform Civil Procedure Rules 2005. It is also within the new provision contained in r 36.16(3A) which permits the Court of its own motion to correct a judgment within 14 days after entry of the judgment or order as if the judgment or order had not been entered.

3 The course that I propose to follow under one or both of those provisions is to revoke the orders made by the Court yesterday and to replace them with the orders that I shall now announce. It should be noted that, although I have revoked the whole of yesterday’s orders, the only change that is made in the new orders is the insertion of the omitted words which I have referred to above.

4 The orders of the Court will be:

(1) I revoke the orders made and entered on 31 October 2007.
(2) I order that the first, second and third defendants deliver the Lexus SC430 convertible registered number AZX 92T more fully described in prayer 4 of the summons to the plaintiff forthwith.
(3) I order the proceedings be stood over to 8 November 2007 at 9.30am before the Registrar for directions as to the damages claim.
(4) I order the second defendant pay the plaintiff’s costs of the proceedings to date.
(5) I direct that those orders be entered forthwith.

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