Suzlon Energy Ltd v Bangad (No 4) [2012] FCA 350

Suzlon Energy Ltd v Bangad (No 4) [2012] FCA 350

The orders made on 2 March 2012 inadvertently omitted formal dismissal of the relevant applications to set aside service. The appropriate course is to vary the orders, nunc pro tunc, to give effect to the decision as at 2 March 2012, thereby correcting the accidental omission but not altering the substantive result.

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Second Cross Claim / Interlocutory/hearing and Variation of Earlier Orders Prior to Entry of Judgment
Outcome
Variation of orders to include formal dismissal of applications to set aside service out of jurisdiction; costs of today to be paid by the fourteenth second cross-defendant, set off against earlier costs orders.
Legal Topics
['orders Variation of Judgment or Orders Before Entry' 'slip Rule' 'stay of Proceedings' 'service Out of Jurisdiction']
['civil Procedure'] ['orders Variation of Judgment or Orders Before Entry' 'slip Rule' 'stay of Proceedings' 'service Out of Jurisdiction']

Case Brief

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Procedural Posture

Second Cross Claim / Interlocutory/hearing and Variation of Earlier Orders Prior to Entry of Judgment

Legal Issues

  1. 1 ['Whether to vary the orders made on 2 March 2012 to formalise the dismissal of applications to set aside service out of jurisdiction on certain cross-defendants' 'Whether such variation should operate nunc pro tunc from 2 March 2012 or only from the present date']

Ratio Decidendi

The orders made on 2 March 2012 inadvertently omitted formal dismissal of the relevant applications to set aside service. The appropriate course is to vary the orders, nunc pro tunc, to give effect to the decision as at 2 March 2012, thereby correcting the accidental omission but not altering the substantive result.

Court Disposition

Variation of orders to include formal dismissal of applications to set aside service out of jurisdiction; costs of today to be paid by the fourteenth second cross-defendant, set off against earlier costs orders.

Orders

  • ['The order made by Rares J on 2 March 2012 be varied pursuant to Rule 39.04 of the Federal Court Rules 2011 by adding: (1A) Prayer 1 in the notice of motion of the fourteenth second cross-defendant filed on 21 June 2011 be dismissed; (1B) Prayer 1(a) and (b)(i) in the interlocutory application of the thirteenth...