Mahendran v Chase Enterprises Pty Ltd (No 2)

Case

[2013] NSWCA 411

05 December 2013


Details
AGLC Case Decision Date
Mahendran v Chase Enterprises Pty Ltd (No 2) [2013] NSWCA 411 [2013] NSWCA 411 05 December 2013

CaseChat Overview and Summary

In *Mahendran v Chase Enterprises Pty Ltd (No 2)*, the appellant sought to have a judgment corrected pursuant to the slip rule. The application was heard by Barrett, Emmett and Gleeson JJA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the judgment contained a "clerical mistake, or an error arising from an accidental step or omission" within the meaning of the slip rule, or whether the appellant had demonstrated a relevant misapprehension that would justify reopening the judgment.

The Court found that there was no clerical mistake or accidental omission. Furthermore, the Court determined that the appellant had not established any relevant misapprehension on the part of the Court that would warrant reopening the judgment. Consequently, the applications were dismissed. The appellant was ordered to pay the respondent's costs of the notice of motion.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Res Judicata

  • Appeal

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