Nomoi Holdings Limited v D W Dustin

[2001] NZCA 325

IN THE COURT OF APPEAL OF NEW ZEALAND CA79/00

BETWEEN	NOMOI HOLDINGS LIMITED
First Appellant

AND	D W DUSTIN & ANOTHER
Second Appellants

AND	ELDERS PASTORAL HOLDINGS LIMITED
First Respondent

AND	ELDERS FINANCE LIMITED
Second Respondent

Coram:	Gault J Keith J McGrath J
Judgment:	3 September 2001

JUDGMENT (NO. 2) OF THE COURT

1. On receiving the judgment given on 17 July 2001 in this case, counsel for the successful respondents called attention to the fact that, although the case had been argued over two days, the Court had made a costs order in their favour of $5,000, a figure appropriate for a one day hearing.  He noted as well that the judgment recorded that the hearing was only for one day.  He sought a ruling on costs before arranging for the order to be sealed.

2. Appellant’s counsel submitted that this is not a case for recalling a judgment in terms of the standard tests but did accept that accidental slips or omissions can be corrected.  While he had not discovered any case in which the slip rule had been applied to an award of costs there was, he also accepted, no reason in principle why it could not be.

3. The Court did make a mistake when it came to fix costs.  It neglected the fact that the hearing had lasted for two days.   The error should be corrected.  The costs order is accordingly amended by substituting an order of $10,000 for costs for the original order of $5,000.  In all other respects the judgment remains unchanged, except that the hearing date in the intituling is altered to read “28 February and 1 March 2001”.

Solicitors
Murdoch Hall & Co, Auckland for the Appellants

Stace Hammond Grace & Partners, Hamilton for the Respondents