Rawley Pty Ltd ACN 009 027 454 v Bell [2007] FCA 521

Rawley Pty Ltd ACN 009 027 454 v Bell [2007] FCA 521

The transcript of the proceedings before Selway J clearly showed that proposed Order 3 was to be amended to extend to cross-respondents. The omission of that amendment from the order was a clerical mistake or accidental omission and could be corrected by the Court.

Jurisdiction
Australia
Judgment Date
11 April 2007
Procedural Posture
Correction of Court Order / Reasons for Judgment and Directions Correcting Order 3 of Orders Made by Selway J on 23 February 2005
Outcome
Order 3 of the orders made by Selway J on 23 February 2005 corrected.
Legal Topics
['correction of Orders' 'clerical Mistake or Accidental Omission' 'indemnity Costs' 'written Submissions']
['civil Procedure' 'costs'] ['correction of Orders' 'clerical Mistake or Accidental Omission' 'indemnity Costs' 'written Submissions']

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Procedural Posture

Correction of Court Order / Reasons for Judgment and Directions Correcting Order 3 of Orders Made by Selway J on 23 February 2005

Legal Issues

  1. 1 ['Whether Order 3 of the orders made by Selway J on 23 February 2005 contained an obvious clerical mistake or accidental omission by failing to include cross-respondents.' 'Whether the Court should correct Order 3 to refer to indemnity costs in favour of the respondents and cross-respondents.']

Ratio Decidendi

The transcript of the proceedings before Selway J clearly showed that proposed Order 3 was to be amended to extend to cross-respondents. The omission of that amendment from the order was a clerical mistake or accidental omission and could be corrected by the Court.

Court Disposition

Order 3 of the orders made by Selway J on 23 February 2005 corrected.

Orders

  • ["Order 3 of the orders made by Selway J on 23 February 2005 be corrected to: 3. The applicant to have five weeks from today's date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal...