Lambourne v Baker

Case

[2024] NSWCA 280

25 November 2024


Details
AGLC Case Decision Date
Lambourne v Baker [2024] NSWCA 280 [2024] NSWCA 280 25 November 2024

CaseChat Overview and Summary

In the matter of *Lambourne v Baker*, heard by Price AJA, the applicant sought to set aside orders previously made by the court. The dispute concerned the application of rule 36.17 of the *Uniform Civil Procedure Rules 2005* (NSW), commonly referred to as the "slip rule," which allows for the correction of clerical mistakes or errors arising from an accidental slip or omission in judgments or orders.

The primary legal issue before the court was whether the applicant had established a sufficient basis to invoke the slip rule and have the existing orders set aside. This required the court to consider the nature of the alleged mistakes or omissions and whether they fell within the scope of rule 36.17.

Price AJA determined that the applicant had failed to demonstrate that the previous orders contained any clerical mistakes or errors arising from an accidental slip or omission as contemplated by rule 36.17. Consequently, the court found no grounds to set aside the existing orders.

Accordingly, the notices of motion numbered 11 and 12 were dismissed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Res Judicata

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Cases Citing This Decision

1

Lambourne v Baker (No 6) [2025] NSWCA 45