In the matter of Shepherds Producers Co-Operative Limited (in liquidation) (No 2) [2012] NSWSC 1146

In the matter of Shepherds Producers Co-Operative Limited (in liquidation) (No 2) [2012] NSWSC 1146

The error in Schedule A attached to the Originating Process, which included three entities that were not creditors, constitutes a clerical mistake and may be corrected under UCPR r 36.17. Had the error been brought to the Court's attention at the relevant time, the correct orders would have been made.

Parties
First Plaintiff: David John Kerr; Second Plaintiff: Peter William Marsden; Third Plaintiff: Shepherds Producers Co-Operative Limited (in liquidation)
Jurisdiction
Australia
Judgment Date
21 September 2012
Procedural Posture
Interlocutory Application / Slip Rule Correction
Outcome
Orders amended to correct clerical mistake under slip rule.
Legal Topics
Judgments and Orders, Slip Rule, Correction of Errors
Practice and Procedure Judgments and Orders Slip Rule Correction of Errors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

David John Kerr

First Plaintiff

Peter William Marsden

Second Plaintiff

Shepherds Producers Co-Operative Limited (in liquidation)

Third Plaintiff

Procedural Posture

Interlocutory Application / Slip Rule Correction

Legal Issues

  1. 1 Whether orders made in the judgment dated 19 March 2012 should be amended under the slip rule as a clerical mistake was identified in Schedule A.

Ratio Decidendi

The error in Schedule A attached to the Originating Process, which included three entities that were not creditors, constitutes a clerical mistake and may be corrected under UCPR r 36.17. Had the error been brought to the Court's attention at the relevant time, the correct orders would have been made.

Court Disposition

Orders amended to correct clerical mistake under slip rule.

Orders

  • Pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 36.17, Orders 1 and 2 made on 19 March 2012 are amended by replacing 'Schedule "A" to the Originating Process' with 'Amended Schedule "A" to the Notice of Motion filed by the Plaintiffs on 16 August 2012'.