Ms P v Mr D

The matter before the court was between Ms P, the plaintiff, and Mr D, the defendant. The dispute centred on an application by Ms P to amend a judgment to reflect an error in the calculation of interest. The case was heard in the Supreme Court of New South Wales. Ms P sought to amend the judgment to correct an error in the calculation of pre-judgment interest, arguing that the original judgment had miscalculated the period over which her loss accrued and the applicable interest rate.

The court had to determine whether it could exercise its discretion to correct the judgment under the slip rule provisions of the Uniform Civil Procedure Rules 2005 (NSW). It also had to decide the correct rate of interest applicable over the relevant period. Given the complexity of the interest calculation, the court needed to carefully consider the evidence and arguments presented by both parties to ascertain the correct period and applicable interest rate.

The court found that the error in the original judgment was apparent on the face of the record and therefore fell within the scope of the slip rule. The court exercised its discretion to correct the judgment, adjusting the interest calculation to accurately reflect the period over which the plaintiff's loss accrued and the applicable interest rate over several years. The court determined that the correct interest rate varied over time and applied the appropriate rates for the relevant periods. The court's decision corrected the interest calculation, providing a more accurate reflection of the plaintiff's loss.

The court ordered that the judgment be amended to reflect the corrected interest calculation. The amendment was made under the authority provided by the Uniform Civil Procedure Rules 2005 (NSW), and the corrected judgment was to replace the original. This decision ensured that the plaintiff's entitlement to interest was accurately reflected in the judgment.