Textralian Enterprises Pty Ltd v Perpetual Trustees (Vic) [No 2]

Registrar Jupp of the Supreme Court of Victoria considered a motion brought by Textralian Enterprises Pty Ltd seeking to amend the transcript of proceedings in relation to a dispute with Perpetual Trustees (Vic).

The central legal issue before the Registrar was whether the transcript of proceedings, which had already been settled and signed, could be amended to reflect an alleged error in its recording.

Registrar Jupp reasoned that once a transcript has been settled and signed by the parties and the judge, it becomes the official record of the proceedings. The Registrar applied the principle that such a record should only be departed from in exceptional circumstances, and that the applicant had not demonstrated sufficient grounds to justify an amendment. The Registrar noted that the applicant's remedy, if any, lay in appealing the original decision, not in seeking to alter the record of the proceedings that led to it.

The motion was dismissed, with costs reserved to the Court hearing any appeal.