Caterpillar of Australia Pty Ltd v Industrial Court of New South Wales

The Court of Appeal of New South Wales considered an application by Caterpillar of Australia Pty Ltd (the applicant) to vary an order previously made by the Industrial Court of New South Wales. The dispute concerned the jurisdiction of the Industrial Court to make certain declarations and orders sought by the second to fourth respondents in proceedings numbered IRC 5227 of 2000.

The primary legal issue before the Court of Appeal was whether it had the power to amend the existing order under the slip rule, specifically rule 36.16(3A) of the Uniform Civil Procedure Rules 2005, to reflect the court's intended decision regarding the Industrial Court's jurisdiction. The court was required to determine if the original order contained a clerical mistake or an error arising from an accidental slip or omission.

The court reasoned that the slip rule was designed to correct errors that did not reflect the true intention of the court at the time of judgment. By varying the order, the court aimed to clarify that the Industrial Court lacked jurisdiction to grant the declarations and orders sought by the respondents, other than to dismiss the proceedings and award costs. This correction was deemed necessary to accurately reflect the court's determination on the jurisdictional question.

The Court of Appeal ordered that the original order pronounced on 17 April 2009 and entered on 13 May 2009 be varied. The variation declared that the Industrial Court of New South Wales did not have jurisdiction to make any declarations or orders sought by the second to fourth respondents in matter No. IRC 5227 of 2000, except for dismissing those proceedings and ordering costs. The applicants were ordered to pay the costs of the notice of motion.