In the matter of Central Management (NSW) Pty Ltd (in liquidation) ACN 139 989 852 [2018] NSWSC 819

In the matter of Central Management (NSW) Pty Ltd (in liquidation) ACN 139 989 852 [2018] NSWSC 819

The omission of "(in liquidation)" from the Company's name was an accidental slip or omission within Uniform Civil Procedure Rules 2005 (NSW) r 36.17, at least contributed to by incorrect electronic filing information, and would have been corrected as a matter of course if noticed because the parties and the Court were aware that the Company was in liquidation. No third party rights would be adversely affected, and the interests of justice were promoted by correcting the caption and judgment to reflect the substantive basis of the proceedings and judgment.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Application Under Uniform Civil Procedure Rules 2005 (nsw) R 36.17 to Correct a Judgment or Order Under the Slip Rule / Interlocutory Process Filed on 28 March 2018; Ex Tempore Ruling on 14 May 2018
Outcome
Application granted; order made amending the name of the Second Plaintiff and judgment creditor in the caption to the proceedings and in the judgment given on 19 September 2017.
Legal Topics
['slip Rule' 'correction of Judgments and Orders' 'amendment of Party Name' 'liquidation']
['practice and Procedure' 'corporations'] ['slip Rule' 'correction of Judgments and Orders' 'amendment of Party Name' 'liquidation']

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Procedural Posture

Application Under Uniform Civil Procedure Rules 2005 (nsw) R 36.17 to Correct a Judgment or Order Under the Slip Rule / Interlocutory Process Filed on 28 March 2018; Ex Tempore Ruling on 14 May 2018

Legal Issues

  1. 1 ['Whether the omission of the words "(in liquidation)" from the Company\'s name in the caption to the proceedings and in the judgment given on 19 September 2017 was a clerical mistake or error arising from an accidental slip or omission within Uniform Civil Procedure Rules 2005 (NSW) r 36.17.' 'Whether the error could be corrected under the slip rule where it was caused or contributed to by incorrect information provided to the Registry when the proceedings were electronically filed.' 'Whether correction should be refused because of any adverse effect on third party rights.']

Ratio Decidendi

The omission of "(in liquidation)" from the Company's name was an accidental slip or omission within Uniform Civil Procedure Rules 2005 (NSW) r 36.17, at least contributed to by incorrect electronic filing information, and would have been corrected as a matter of course if noticed because the parties and the Court were aware that the Company was in liquidation. No third party rights would be adversely affected, and the interests of justice were promoted by correcting the caption and judgment to reflect the substantive basis of the proceedings and judgment.

Court Disposition

Application granted; order made amending the name of the Second Plaintiff and judgment creditor in the caption to the proceedings and in the judgment given on 19 September 2017.

Orders

  • ['The name of the Second Plaintiff and judgment creditor, in the caption to the proceedings and in the judgment given on 19 September 2017, be amended to "Central Management (NSW) Pty Ltd (in liquidation) ACN 139 998 852."']