Choi v Commissioner of Police, New South Wales Police (No 2)

The applicant, Choi, sought to vary or set aside orders made by the New South Wales Court of Appeal in *Choi v Commissioner of Police, New South Wales Police* (2021) NSWCA 100. The primary dispute concerned the applicant's attempt to amend the catchwords of the judgment, which he argued were inaccurate and misleading. The application was heard by Macfarlan and McCallum JJA.

The central legal issue before the Court was whether the terms of the catchwords of a judgment were justiciable, meaning whether they were capable of being the subject of a legal dispute and determination by a court. The applicant contended that the catchwords did not accurately reflect the substantive issues decided in the original judgment and sought their amendment.

The Court held that catchwords are not part of the judgment itself but are a summary or index prepared for the convenience of readers. They do not form part of the operative orders of the court and are not subject to amendment or variation in the same way as the substantive judgment. The Court reasoned that to allow amendment of catchwords would create uncertainty and undermine the finality of judgments. The Court applied the principle that judicial pronouncements are contained within the reasons for judgment and the formal orders, not in ancillary descriptive text.

Consequently, the notice of motion dated 12 June 2021 was dismissed with costs.