Monteleone v Thorn (No 10)

The case of Monteleone v Thorn (No 10) involved a dispute between the plaintiff, Monteleone, and the defendant, Thorn, concerning the amendment of a judgment under the slip rule, specifically pursuant to Rule 36.17 of the Uniform Civil Procedure Rules 1999 (NSW). The plaintiff sought an amendment to the judgment to include interest on past economic loss, which had inadvertently been omitted by their counsel. The matter was heard in the Supreme Court of New South Wales.

The legal issue at the core of this case was whether the court could exercise its discretion to amend the judgment under the slip rule, considering the inadvertence of counsel and the potential prejudice to the defendant if the amendment was allowed. The court had to balance the interest of justice and the potential prejudice to the defendant against the plaintiff's entitlement to recover interest on past economic loss.

The Supreme Court considered the principles of the slip rule and the need for the court to exercise its discretion judiciously. The court acknowledged that the slip rule exists to allow for the correction of errors or omissions that occurred through the inadvertence of counsel. However, the court also recognised the importance of ensuring that such amendments do not prejudice the opposing party. In this case, the court held that the plaintiff's counsel had indeed been inadvertent and that the omission of interest on past economic loss was a significant oversight. The court found that the defendant had not been prejudiced by the omission, as they had not raised the issue during the trial and had not contested the omission of interest. Consequently, the court exercised its discretion to amend the judgment to include interest on past economic loss.

The final order of the court was that the plaintiff's judgment be amended to include interest on past economic loss from the date of the original judgment until satisfaction. The court also directed that the interest be calculated in accordance with the relevant statutory provisions.