Shafron v Australian Securities and Investments Commission (No 2)

This matter concerned an application to vary an earlier order of the Court of Appeal of New South Wales. The applicant, Mr Shafron, sought to amend an order made in proceedings between himself and the Australian Securities and Investments Commission (ASIC).

The central legal issue before the Court was whether it had the power to vary its previous orders under Rule 36.17 of the Uniform Civil Procedure Rules 2005 (NSW), and if so, whether the circumstances warranted such a variation. Specifically, the Court had to consider the nature of the original order and the proposed amendment in light of the rules governing the variation of judgments and orders.

The Court determined that Rule 36.17 permitted the variation of orders in circumstances where the original order contained a clerical mistake or an error arising from an accidental slip or omission. Applying this principle, the Court found that the original order, as recorded, contained an error in its wording that did not accurately reflect the intended scope of the judgment. The Court reasoned that the amendment sought by Mr Shafron was necessary to correct this error and ensure the order accurately reflected the Court's decision regarding liability.

Consequently, the Court ordered that Order 3 made in CA 2012/195077 be amended by replacing the phrase "in relation to the issue of approval of the Draft ASX Announcement" with "on liability" and deleting the subsequent words. The Court also made no order for the costs of the motion filed by ASIC.