Weller v Fong

The proceedings were between Weller and Fong, with Weller seeking to correct an error in the court’s order under the ‘slip’ rule. The court was asked to determine whether it should amend an order that stated the proceedings were 'discontinued', rather than 'dismissed' as per the Terms of Settlement. The application to correct this was made in the context of a subsequent application for costs assessment.

The legal issue before the court was whether it should exercise its discretion to correct an error in its order to ensure it accurately reflected the terms of the settlement. The court also considered the potential utility of making such a correction, particularly in light of the subsequent costs application.

The court found that the error in the order was a significant one, as it did not accurately reflect the terms of the settlement agreement. The court noted that the correction was necessary to avoid potential confusion or disputes in future proceedings, particularly in relation to the costs application. The court exercised its discretion to amend the order, substituting the word ‘dismissed’ for ‘discontinued’ to align with the terms of the settlement. This decision was made in the interests of ensuring the order accurately reflected the agreed terms and to avoid any future disputes or misunderstandings.