UAERJ Pty Ltd v Jupiters Ltd (No 2) [2014] NSWCA 284

UAERJ Pty Ltd v Jupiters Ltd (No 2) [2014] NSWCA 284

The Court set aside its earlier order made under a misconception about the nature of a costs order in interpleader proceedings, invoking the slip rule to correct accidental error. UAERJ's application to amend another order was dismissed as it fell outside the allowed time and did not meet the criteria for the slip rule.

Jurisdiction
Australia
Judgment Date
25 August 2014
Procedural Posture
Appeal / Consequential Orders Following Appeal Decision
Outcome
Order set aside under slip rule; costs orders made; motion dismissed
Legal Topics
['slip Rule' 'costs' 'variation and Setting Aside of Orders']
['practice and Procedure'] ['slip Rule' 'costs' 'variation and Setting Aside of Orders']

Case Brief

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Procedural Posture

Appeal / Consequential Orders Following Appeal Decision

Legal Issues

  1. 1 ['Whether the slip rule applies to setting aside a prior costs order' 'Entitlement to costs for notices of motion']

Ratio Decidendi

The Court set aside its earlier order made under a misconception about the nature of a costs order in interpleader proceedings, invoking the slip rule to correct accidental error. UAERJ's application to amend another order was dismissed as it fell outside the allowed time and did not meet the criteria for the slip rule.

Court Disposition

Order set aside under slip rule; costs orders made; motion dismissed

Orders

  • ['Order 3(a) made by this Court on 3 July 2014 is set aside.' "UAERJ to pay the State of New South Wales' and Jupiters' costs of the State's Notice of Motion filed on 17 July 2014." "UAERJ's Notice of Motion filed on 29 July 2014 is dismissed with costs."]