State of NSW v Doherty (No 2)

In *State of NSW v Doherty (No 2)*, the Court of Appeal of New South Wales considered an application to vary a judgment previously entered by the Court. The dispute concerned the quantum of a judgment awarded to the respondent, Mr. Doherty, against the appellant, the State of New South Wales.

The primary legal issue before the Court was whether the judgment previously entered should be set aside or varied. This involved determining whether the Court had the power to alter its own judgment after it had been entered, and if so, under what circumstances such an alteration would be appropriate, particularly in relation to the costs of the proceedings.

The Court's reasoning focused on its inherent power to correct its own records to prevent injustice. It found that the original judgment entered contained an error in calculation that led to an overpayment to the respondent. Applying principles of correcting judicial errors, the Court determined that it was appropriate to substitute a corrected judgment amount. The Court also addressed the costs of the appeal, ordering that the appellant pay the respondent's costs on the ordinary basis up to a specified date, and thereafter on an indemnity basis, reflecting the Court's view on the conduct of the parties in relation to the proceedings after that date.

The Court ordered that a judgment for $678,652.15 be substituted for the judgment previously entered by the Court on 5 August 2011. The appellant was ordered to pay the respondent's costs of the appeal on the ordinary basis up to and including 11 October 2010, and thereafter on an indemnity basis, including the costs of the motion before the Court.