Jingalong Pty Limited v Todd

Jingalong Pty Limited sought to amend a judgment order made on 12 February 2015, following an earlier order made by Kunc J on 10 April 2014. The dispute concerned the correction of an alleged error in the final orders of the court. The matter came before the Court of Appeal of New South Wales, constituted by Meagher and Leeming JJA and Sackville AJA.

The primary legal issue before the Court of Appeal was whether it had the power to amend the judgment order of 12 February 2015 to incorporate an order previously made by Kunc J on 10 April 2014. This involved considering the application of the slip rule, which allows courts to correct errors in judgments or orders arising from accidental slips or omissions.

The Court of Appeal reasoned that the slip rule was applicable in this instance to rectify an oversight that had resulted in the omission of a relevant order from the final judgment. The court found that the intention of the original orders was clear, and the omission of order 6 from the 12 February 2015 order constituted an accidental slip. The court applied the principles governing the correction of judgments to ensure that the orders accurately reflected the court's true intention.

The Court of Appeal ordered that Order 2 made on 12 February 2015 be amended to include order 6 made by Kunc J on 10 April 2014. Furthermore, the court remitted the determination of the costs of the proceedings in the Equity Division to that division.