Mio Art Pty Ltd v Mango Boulevard Pty Ltd (No 5)

Mio Art Pty Ltd (plaintiff) brought an application against Mango Boulevard Pty Ltd (defendant) seeking orders to amend declarations made in a previous judgment. The case was heard in a relevant Australian court. The plaintiff's primary objective was to correct what it claimed were errors in the previous judgment through the application of the slip rule. The slip rule allows for the correction of inadvertent errors or omissions in a judgment where those errors have caused, or are likely to cause, a miscarriage of justice.

The court was tasked with determining whether the errors alleged by the plaintiff constituted a "slip" under the slip rule. The court also had to consider whether the proposed amendments would correct the alleged errors without causing unfairness to the defendant. The plaintiff argued that the previous judgment contained mistakes that required rectification, while the defendant opposed the application, asserting that the plaintiff's proposed changes were substantive and not merely clerical errors.

The court found that the alleged errors did not qualify as "slips" under the slip rule. Instead, the court concluded that the proposed amendments sought by the plaintiff were substantive changes that would alter the original judgment's findings and conclusions. Consequently, the court dismissed the plaintiff's application. Additionally, the court ordered that the costs of the application be borne by the plaintiff, with each party to bear their own costs for the hearing of the application.