Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd (No 2) [2015] NSWDC 241

Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd (No 2) [2015] NSWDC 241

Because the Local Court judgment included both $17,682.52 and $4,357.27 interest, and the agreed orders intended the Local Court judgment to be set off against and recouped in the District Court judgment, the omission of the interest component from the District Court judgment was inexplicable and amounted to an accidental slip or omission correctable under UCPR r 36.17. The orders should also be corrected to make clear that the prior costs order made by Mahony SC DCJ was not affected.

Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Civil Application to Amend Orders Pursuant to the Slip Rule / After Judgment and Consent Orders Made on 31 July 2015
Outcome
Orders of 31 July 2015 amended pursuant to the slip rule.
Legal Topics
['consent Orders' 'slip Rule' 'interest Component Omitted From Orders' 'set Off of Judgments' 'clarification of Prior Costs Order' 'statutory Definition of Judgment']
['civil Law' 'practice and Procedure'] ['consent Orders' 'slip Rule' 'interest Component Omitted From Orders' 'set Off of Judgments' 'clarification of Prior Costs Order' 'statutory Definition of Judgment']

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Procedural Posture

Civil Application to Amend Orders Pursuant to the Slip Rule / After Judgment and Consent Orders Made on 31 July 2015

Legal Issues

  1. 1 ['Whether the omission of the $4,357.27 interest component from the District Court judgment amount was an accidental slip or omission that could be corrected under UCPR r 36.17.' 'Whether the District Court orders should be amended to clarify that the costs order made by Mahony SC DCJ on 18 March 2015 remained in effect.']

Ratio Decidendi

Because the Local Court judgment included both $17,682.52 and $4,357.27 interest, and the agreed orders intended the Local Court judgment to be set off against and recouped in the District Court judgment, the omission of the interest component from the District Court judgment was inexplicable and amounted to an accidental slip or omission correctable under UCPR r 36.17. The orders should also be corrected to make clear that the prior costs order made by Mahony SC DCJ was not affected.

Court Disposition

Orders of 31 July 2015 amended pursuant to the slip rule.

Orders

  • ['The amount in clause 1 is to read "$138,105.59".' 'Clause 3A is to be inserted: "The costs order made by Judge Mahony SC in Albury on 18 March 2013 remains in effect."']