Secure Logic Pty Limited v Paul William Noble (No.5) [2021] NSWSC 1394

Secure Logic Pty Limited v Paul William Noble (No.5) [2021] NSWSC 1394

The slip rule is not applicable, as no accidental slip or omission was present; the judgment entered against Mr Noble and Peach Tree Bay for $1,240,563.37 correctly reflects the Court's intended methodology for costs calculation, and any challenge must be pursued on appeal, not via correction under the slip rule.

Parties
First Plaintiff/cross Defendant: Secure Logic Pty Limited; Second Plaintiff/cross Defendant: Secure Logic Technologies Pty Ltd; Third Plaintiff/cross Defendant: Secure Logic Pte Ltd; Fourth Plaintiff/cross Defendant: Plush Hosting Pty Ltd; First Defendant/cross Claimant: Paul William Noble; Second Defendant/cross Claimant: Peach Tree Bay Pty Limited; Third Defendant/cross Claimant: John Russell Pankhurst
Jurisdiction
Australia
Judgment Date
02 November 2021
Procedural Posture
Civil (equity) / Post Judgment Costs Correction Application
Outcome
Application to amend orders under the slip rule dismissed.
Legal Topics
Costs Orders, Slip Rule Correction, Gross Sum Costs, Apportionment of Costs
Civil Procedure Equity Costs Orders Slip Rule Correction Gross Sum Costs Apportionment of Costs

Case Brief

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Parties

Secure Logic Pty Limited

First Plaintiff/cross Defendant

Secure Logic Technologies Pty Ltd

Second Plaintiff/cross Defendant

Secure Logic Pte Ltd

Third Plaintiff/cross Defendant

Plush Hosting Pty Ltd

Fourth Plaintiff/cross Defendant

Paul William Noble

First Defendant/cross Claimant

Peach Tree Bay Pty Limited

Second Defendant/cross Claimant

John Russell Pankhurst

Third Defendant/cross Claimant

Procedural Posture

Civil (equity) / Post Judgment Costs Correction Application

Legal Issues

  1. 1 Whether orders made on 5 October 2021 should be amended under the slip rule (Uniform Civil Procedure Rules 2005, r 36.17)
  2. 2 Whether the proposed amendment is an accidental slip or omission or requires independent discretion

Ratio Decidendi

The slip rule is not applicable, as no accidental slip or omission was present; the judgment entered against Mr Noble and Peach Tree Bay for $1,240,563.37 correctly reflects the Court's intended methodology for costs calculation, and any challenge must be pursued on appeal, not via correction under the slip rule.

Court Disposition

Application to amend orders under the slip rule dismissed.

Orders

  • Mr Noble's and Peach Tree Bay's application to engage the slip rule is dismissed.
  • No fresh orders for costs will be made in respect of this application.