Dunstan v Rickwood

The appeal concerned a dispute between Dunstan (appellant) and Rickwood (respondent) before the Court of Appeal of New South Wales. The core of the disagreement related to a property matter, with the appeal being predicated on alleged judicial error by the trial judge.

The Court of Appeal was required to determine whether the trial judge had erred in their previous decision. This involved a review of the factual findings and legal conclusions reached at first instance, particularly concerning the financial aspects of the property dispute.

The Court of Appeal ultimately dismissed the appeal, finding no substantive error in the trial judge's determination. However, the Court did order an adjustment to the trial judge's order under the slip rule, correcting a mathematical error in the quantum of an award. The original amount of $70,750 was amended to $29,297. Further directions were given regarding written submissions on costs at first instance and the filing of Short Minutes of Order to reflect the corrected amount.