Kossaifi v ACN 111 804 383 Pty Ltd [2015] NSWSC 1878

Kossaifi v ACN 111 804 383 Pty Ltd [2015] NSWSC 1878

The original costs order should be corrected under UCPR 36.17 because the judge intended to limit the plaintiffs' liability to wasted costs thrown away by their failure to serve an amended statement of claim, and the broader order made on 24 November 2015 was an error arising from an accidental slip or omission that did not require the exercise of an independent discretion to correct.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Practice and Procedure; Correction of Order Under the Slip Rule / Plaintiffs' Application to Vary a Costs Order Made on 24 November 2015
Outcome
Order varied; no order as to costs of the variation application.
Legal Topics
['correction of Orders' 'slip Rule' 'costs' 'uniform Civil Procedure Rules 2005 R 36.17']
['practice and Procedure'] ['correction of Orders' 'slip Rule' 'costs' 'uniform Civil Procedure Rules 2005 R 36.17']

Case Brief

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Procedural Posture

Practice and Procedure; Correction of Order Under the Slip Rule / Plaintiffs' Application to Vary a Costs Order Made on 24 November 2015

Legal Issues

  1. 1 ['Whether the costs order made on 24 November 2015 contained a clerical mistake or error arising from an accidental slip or omission within UCPR 36.17.' "Whether the order should be varied to limit the plaintiffs' liability to costs thrown away as a result of the failure to serve an amended statement of claim, including the costs of the show cause hearing and directions hearings to date."]

Ratio Decidendi

The original costs order should be corrected under UCPR 36.17 because the judge intended to limit the plaintiffs' liability to wasted costs thrown away by their failure to serve an amended statement of claim, and the broader order made on 24 November 2015 was an error arising from an accidental slip or omission that did not require the exercise of an independent discretion to correct.

Court Disposition

Order varied; no order as to costs of the variation application.

Orders

  • ["Order the plaintiffs to pay the defendants' costs of the proceedings up to 24 November 2015 thrown away as a result of the plaintiffs' failure to serve an amended statement of claim including the defendants' costs of the show cause hearing and all directions hearings to date." 'Make no order as to costs.']