Nu Line Construction Group Pty Ltd v Fowler (No 2)

In *Nu Line Construction Group Pty Ltd v Fowler (No 2)*, the New South Wales Court of Appeal considered an application to vary earlier orders of the court. The dispute arose from an application to amend the court's orders, specifically concerning the singular reference to "respondent" which should have been plural, and a related application to vary the costs orders made by the trial judge and on appeal.

The primary legal issues before the Court of Appeal were whether the court had the power to amend its previous orders under the slip rule, specifically rule 36.17 of the *Uniform Civil Procedure Rules 2005* (NSW), to correct a clerical mistake or an error arising from an accidental slip or omission. Additionally, the court had to determine whether to interfere with the trial judge's costs order, which had awarded costs to the respondent for expenses incurred due to the appellant's delay, and whether to vary the costs of the appeal itself.

The Court of Appeal reasoned that the slip rule was applicable to correct the erroneous singular reference to "respondent" where the context clearly indicated multiple respondents. Regarding the costs orders, the court found it appropriate to set aside the trial judge's costs order and substitute it with an order that the defendants pay 57.5% of the plaintiff's allowable costs in the Equity Division. The court also ordered that the respondents pay the appellant's costs in the Court of Appeal. No order was made as to the costs of the motion itself.