D & A Property Group Pty Ltd v Sonar Investment Pty Ltd (No 3) [2014] NSWSC 1853

D & A Property Group Pty Ltd v Sonar Investment Pty Ltd (No 3) [2014] NSWSC 1853

The amount of $10,391,631.25 in the 15 December 2014 order resulted from an accidental mathematical error because the GST provision was counted twice, so the order should be corrected under UCPR r 36.17 by substituting $8,891,631.25. The costs order should not be amended because it reflected the court's judgment that the plaintiffs' costs until and including 8 December should be plaintiffs' costs in the cause.

Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Consequential Orders / In Chambers; Correction Under Slip Rule
Outcome
Mathematical error corrected under slip rule; costs order not amended.
Legal Topics
['slip Rule' 'amending, Varying and Setting Aside Judgments and Orders' 'mathematical Error' 'interlocutory Restraint Orders' 'costs']
['civil Procedure' 'equity'] ['slip Rule' 'amending, Varying and Setting Aside Judgments and Orders' 'mathematical Error' 'interlocutory Restraint Orders' 'costs']

Case Brief

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Procedural Posture

Consequential Orders / In Chambers; Correction Under Slip Rule

Legal Issues

  1. 1 ['Whether the order made on 15 December 2014 should be corrected under UCPR r 36.17 because the frozen amount involved an accidental mathematical error by counting the GST provision twice.' "Whether the costs order should be amended because defendants' counsel mistakenly submitted that costs should be plaintiffs' costs in the cause rather than defendants' costs in the cause."]

Ratio Decidendi

The amount of $10,391,631.25 in the 15 December 2014 order resulted from an accidental mathematical error because the GST provision was counted twice, so the order should be corrected under UCPR r 36.17 by substituting $8,891,631.25. The costs order should not be amended because it reflected the court's judgment that the plaintiffs' costs until and including 8 December should be plaintiffs' costs in the cause.

Court Disposition

Mathematical error corrected under slip rule; costs order not amended.

Orders

  • ['Pursuant to UCPR r 36.17 the order made on 15 December 2014 be corrected by substituting the matter "$8,891,631.25" for the matter "$10,391,631.25".' "In lieu of order 1 made on 8 December 2014 the defendants be restrained from by themselves their servants or agents removing from Australia or in any way disposing...