UAERJ Pty Ltd v Jupiters Ltd (No 2)
Case
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[2014] NSWCA 284
•25 August 2014
Details
AGLC
Case
Decision Date
UAERJ Pty Ltd v Jupiters Ltd (No 2) [2014] NSWCA 284
[2014] NSWCA 284
25 August 2014
CaseChat Overview and Summary
In this matter before the Court of Appeal of New South Wales, UAERJ Pty Ltd sought to have an order made by the Court on 3 July 2014 amended. The respondents were Jupiters Ltd and the State of New South Wales. The dispute concerned the application of the slip rule to correct an alleged error in the original order.
The primary legal issue before the Court was whether the original order of 3 July 2014 contained a "slip" or manifest error that warranted amendment under the slip rule. This involved determining if the order, as recorded, did not accurately reflect the Court's true intention or if it contained a clerical mistake or an error arising from an accidental omission.
The Court found that the original order did not contain a slip that could be corrected under the slip rule. The Court's reasoning, as indicated by the orders made, was that the application to amend the order was not justified. Consequently, the Court set aside the specific order of 3 July 2014 that UAERJ sought to amend, and ordered UAERJ to pay the costs of the State of New South Wales and Jupiters in relation to the State's notice of motion. UAERJ's own subsequent notice of motion was dismissed, also with costs.
The primary legal issue before the Court was whether the original order of 3 July 2014 contained a "slip" or manifest error that warranted amendment under the slip rule. This involved determining if the order, as recorded, did not accurately reflect the Court's true intention or if it contained a clerical mistake or an error arising from an accidental omission.
The Court found that the original order did not contain a slip that could be corrected under the slip rule. The Court's reasoning, as indicated by the orders made, was that the application to amend the order was not justified. Consequently, the Court set aside the specific order of 3 July 2014 that UAERJ sought to amend, and ordered UAERJ to pay the costs of the State of New South Wales and Jupiters in relation to the State's notice of motion. UAERJ's own subsequent notice of motion was dismissed, also with costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Procedural Fairness
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