Doran Constructions Pty Limited (in Liquidation) v Beresfield Aluminium Pty Limited [No 2]

Doran Constructions Pty Limited (in Liquidation) sought to invoke the slip rule to set aside the dismissal of an amended summons. The dispute concerned whether the appellant was entitled to such an order, particularly when allowing the amended summons to stand would be futile. The matter came before the court.

The primary legal issue was whether the court had the power under the slip rule to set aside its previous dismissal of an amended summons, and if so, whether it should exercise that power in the circumstances of the case, given the futility of allowing the summons to proceed.

The court considered the application of the slip rule, which allows for the correction of clerical errors or oversights in judgments or orders. However, the court found that the appellant had not demonstrated that the previous dismissal was a result of a clerical error or oversight that could be rectified by the slip rule. Furthermore, the court noted that allowing the amended summons to stand would serve no practical purpose, as it was inherently futile. Consequently, the court dismissed the notice of motion. The court also amended a previous order regarding costs, specifying that the appellant was to pay two-thirds of the respondent's costs of the appeal.