FEDERAL COURT OF AUSTRALIA
Griffiths v Boral Resources (Qld) Pty Limited [2006] FCAFC 149
PRACTICE AND PROCEDURE – the slip rule – whether the slip rule authorizes the making of an order after the expiration of the statutory time limit for doing so – whether the power for doing so is restricted to a superior court of record
PRACTICE AND PROCEDURE – whether ‘reserving judgment’ is an order in itself – whether ‘reserving judgment’ is an order of adjournment
WORDS AND PHRASES – ‘judgment or order’, ‘adjourn’, ‘adjournment’
Bankruptcy Act 1966 (Cth) ss 43, 52(4), 52(5)
Federal Magistrates Act 1999 (Cth) ss 42, 43, 90
Corporations Act 2001 (Cth) s 459R
Federal Court of Australia Act 1976 (Cth) ss 4, 59(4)
Legislative Instruments Act 2003 (Cth) s 13
Judiciary Act 1903 (Cth)
Federal Proceedings (Costs) Act 1981 (Cth)Federal Court Rules, O 1 r 4, O 19 r 7, O 30 r 3, O 35 r 7(3)
Federal Magistrates Court Rules 2001 rr 1.05, 16.05, 16.5, 16.07, 16.08Supreme Court Act 1867 (Qld) ss 24, 30, 33
Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1991) 61 FCR 384 questioned
Gikas v Paparagiouto (1977) 2 NSWLR 945 cited
R v Essex Justices; ex parte Final [1963] 2 QB 816 cited
Bankstown Grammar School Ltd v Park [2000] FCA 1205 discussed
Re Howell; ex parte Deputy Commissioner of Taxation (1996) 70 FCR 261 considered
Komesaroff v Law Institute of Victoria (1997) FCA 965 considered
Re Langridge; ex parte Bennett Carroll and Gibbons (1998) FCA 879 considered
Matthews v Collett [2000] FCA 224 discussed
Re Young; ex parte Smith (1985) 5 FCR 204 cited
Ah Toy vRegistrar of Companies (1985) 10 FCR 280 cited
Minister for Works (WA) v Civil and Civic Pty Ltd (1966-67) 116 CLR 273 considered
Driclad Pty Ltd v Commissioner of Taxation (1968) 121 CLR 45 discussed
Moller v Roy (1975) 132 CLR 622 discussed
Saffron v The Queen (1953) 88 CLR 523 considered
The President of India v The Moor Line Limited (No 2) (1955-1958) 99 CLR 212 cited
Westpac Banking Corporation v E & W Jury Pty Ltd (1998) 16 ACLC 540 discussed
Whitaker v Wisbey (1852) Cox’s CC 107 cited
Yapp v Williams (1901) WN 91 13 ALR 645 considered
In re Keystone Knitting Mills’ Trade Mark [1929] 1 Ch 92 cited
Thunderbird Products Corporation v Thunderbird Marine Products Pty Ltd (1974) 131 CLR 592 cited
R v McGregor (1977) 13 ALR 645 citedE Campbell, ‘Revocation and Variation of Administrative Decisions’, (1996) 22(1) Mon LR 30
K Mason (now President of the News South Wales Court of Appeal), ‘The Inherent Jurisdiction of the Court’, (1983) 57 ALJ 449Hale’s, The History of the Pleas of the Crown, vol II, E. Lynch, 1778
The Oxford History of the Laws of England, vol 6, Oxford University Press, 2003
Holdsworth’s, A History of English Law, vol 1, Sweet and Maxwell, 1982
The Supreme Court Practice 1987 (the White Book)
Keep reading for free
Create a free CaseChat account to read Griffiths v Boral Resources (Qld) Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2006] FCAFC 149
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the court could extend the time limits for correcting a judgment under the relevant statutes. The court had to determine if the statutory provisions allowed for such extensions beyond the prescribed deadlines, and if so, under what conditions. Additionally, the court needed to clarify the scope of the power to correct errors, distinguishing it from the power to set aside or vary a judgment.
The court held that the power to correct a judgment is narrowly defined and is intended to address clerical errors or similar oversights, not substantive errors in judgment. The court emphasized that there is no general power to relieve from the consequences of time limits imposed by statute. For an extension of time to be granted, there must be a clear causal connection between the error and the failure to meet the statutory deadlines. The court also noted that the power to correct is distinct from the power to vary or set aside a judgment, reinforcing the limited scope of the correction power.
In conclusion, the court allowed the appeal, set aside the orders made on 2 August 2005, and ordered the respondent to pay the appellant’s costs of the appeal and the proceedings below.
Orders
Orders of the court
1. The appeal be allowed.
2. The orders made on 2 August 2005 be set aside.
3. The respondent pay the appellant’s costs of the appeal and of the proceedings below.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: SPENDER ACJ, DOWSETT AND COLLIER JJ
Full text does not contain this section.