Swancross Corporation Pty Ltd v The Minister for Planning and Infrastructure for the State of Western Australia

Swancross Corporation Pty Ltd and SkyCorp Investments Pty Ltd brought proceedings against the Minister for Planning and Infrastructure for the State of Western Australia, seeking an order for the Minister to provide discovery of certain documents. The case was settled by consent, and orders were made requiring the Minister to provide the discovery. The orders also required the plaintiffs to pay the costs of the application. Subsequently, the Minister claimed that the consent orders should be amended to include an order for the plaintiffs to pay the costs of providing the discovery. The plaintiffs refused to consent to the amendment. The Minister applied to the Court for an order amending the consent orders. The plaintiffs opposed the application. The central legal issue was whether the Court had the power to amend the consent orders to include an order for the plaintiffs to pay the costs of providing the discovery. The Court held that the Court was not functus officio and therefore could amend the consent orders. The Court further held that the slip rule did not apply to the facts of the case. The Court also held that it had inherent jurisdiction to vary the consent orders. The Court granted the Minister's application and ordered that the consent orders be amended to require the plaintiffs to pay the costs of providing the discovery. The Court also ordered that the Minister pay the costs of the application.