Pozetu Pty Ltd v Alexander James Pty Ltd (No 2)

Pozetu Pty Ltd (the applicant) sought to amend a judgment previously delivered by the Court of Appeal of New South Wales on 12 August 2016, in proceedings against Alexander James Pty Ltd (the respondent). The application was made pursuant to rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).

The central legal issue before the Court was whether it had the power to amend its previous judgment and, if so, whether the circumstances warranted such an amendment. This involved considering the scope of the court's inherent jurisdiction and the specific provisions of rule 36.17, which allows for the correction of clerical mistakes or errors arising from an accidental slip or omission in a judgment or order.

The Court reasoned that the power to amend a judgment under rule 36.17 is not limited to purely clerical errors but extends to correcting errors arising from an accidental slip or omission, provided the amendment does not alter the intended substance of the judgment. In this instance, the Court found that the judgment of 12 August 2016 contained an error that fell within the ambit of rule 36.17, and that an amendment was necessary to give effect to the Court's original intention.

The Court ordered that the judgment of 12 August 2016 be amended in the manner set out in its judgment.