Georgouras v Bombardier Investments No. 2 Pty Ltd [2013] NSWSC 1549

Georgouras v Bombardier Investments No. 2 Pty Ltd [2013] NSWSC 1549

Given the significant delay by the defendant in seeking to correct the slip and the resultant prejudice to the plaintiff—who abandoned his right to appeal in reliance on the uncorrected order—the court declined to grant relief. The combination of delay and potential prejudice justified dismissal of the application, notwithstanding that the slip was admitted and amenable to correction under the rules.

Parties
Respondent/plaintiff: Nicholas Georgouras; Applicant/defendant: Bombardier Investments No. 2 Pty Ltd
Jurisdiction
Australia
Judgment Date
18 October 2013
Procedural Posture
Interlocutory Application / Notice of Motion Under Slip Rule
Outcome
Notice of Motion dismissed with costs
Legal Topics
Judgments and Orders, Correction of Orders, Slip Rule, Costs Procedures
Practice and Procedure Judgments and Orders Correction of Orders Slip Rule Costs Procedures

Case Brief

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Parties

Nicholas Georgouras

Respondent/plaintiff

Bombardier Investments No. 2 Pty Ltd

Applicant/defendant

Procedural Posture

Interlocutory Application / Notice of Motion Under Slip Rule

Legal Issues

  1. 1 Whether the court should exercise its discretion under UCPR r 36.17 to correct an accidental slip in costs orders
  2. 2 Whether delay and prejudice to the plaintiff preclude correction of the slip

Ratio Decidendi

Given the significant delay by the defendant in seeking to correct the slip and the resultant prejudice to the plaintiff—who abandoned his right to appeal in reliance on the uncorrected order—the court declined to grant relief. The combination of delay and potential prejudice justified dismissal of the application, notwithstanding that the slip was admitted and amenable to correction under the rules.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • The defendant's Notice of Motion of 3 July 2012 is dismissed with costs.