Koundouris v The Owners - Units Plan No 1917 (No 3)

[2017] ACTCA 50

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Koundouris v The Owners – Units Plan No 1917 (No 3)

Citation:

[2017] ACTCA 50

Hearing Dates:

Decision Date:

On the papers

26 October 2017

Before:

Murrell CJ, Elkaim and Jagot JJ

Decision:

See paragraph [4]

Catchwords:

PROCEDURE – Costs – Judgment and orders – amendment of orders – accidental slip or omission – slip rule.   

Cases Cited:

Legislation Cited:

Koundouris v The Owners – Units Plan 1917 [2017] ACTCA 36

Court Procedures Rules 2006 (ACT) r 6906

Parties:

Michael Koundouris (Appellant/Cross-Respondent)

The Owners Unit Plan 1917 (Respondent/Cross-Appellant)

Representation:

Counsel

Mr DF Jackson QC with Mr B Katekar (Appellant/Cross-Respondent)

Mr N Hutley SC with Mr F Hicks (Respondent/Cross-Appellant)

Solicitors

Clayton Utz (Appellant/Cross-Respondent)

Minter Ellison (Respondent/Cross-Appellant)

File Number:

ACTCA 27 of 2016

Decision under appeal:  

Court/Tribunal:             ACT Supreme Court

Before:  Mossop AsJ

Date of Decision:         5 July 2016

Case Title:  The Owners – Units Plan No 1917 v Koundouris

Citation: [2016] ACTSC 96

THE COURT:

1. On 24 October 2017, the Court published its reasons in respect of a dispute on costs that had arisen following its original decision (Koundouris v The Owners – Units Plan 1917 [2017] ACTCA 36).

1. The orders which accompanied the published reasons omitted to include the agreed orders as to damages and interest payable.

1. After publication of the orders, the solicitors for the appellant/cross-respondent informed the Court of the omission. The omission is plainly an error which is able to be corrected under rule 6906 of the Court Procedures Rules 2006 (ACT) (the ‘slip’ rule).

1. The orders which the Court should have made, and now makes, are as follows:

(a)Judgment is entered for the respondent/cross-appellant against the appellant/cross-respondent in the amount of $1,471,235.49, comprising $1,068,397 in damages and $402,838.49 in interest.

(b)The appellant/cross-respondent is to pay the respondent/cross-appellant’s costs of the primary proceedings:

(i)on a party and party basis up to 23 June 2015; and

(ii)on a solicitor and client basis from 24 June 2015;

in an amount to be agreed or assessed.

(c)The appellant/cross-respondent is to pay the respondent/cross-appellant’s costs of the appeal proceedings on a party and party basis in an amount to be agreed or assessed.

I certify that the preceding four [4] numbered paragraphs are a true copy of the Reasons for Judgment of their Honours Chief Justice Murrell, Justice Elkaim and Justice Jagot.

Associate:

Date: 26 October 2017