Westpac Banking Corporation v Wittenberg (No 2) [2016] FCAFC 49

Westpac Banking Corporation v Wittenberg (No 2) [2016] FCAFC 49

The appeal orders in NSD 405 of 2015 inadvertently set aside an earlier first instance order reflecting Westpac's concession that the retention incentive payment, with interest to 2 April 2012, should be made. Because no party sought to disturb those orders on appeal, the Full Court corrected the clerical error by setting aside the orders made on 14 March 2016 and substituting corrected orders with effect from that date.

Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Appeal and Cross Appeal / Supplementary Reasons and Orders Correcting Clerical Error in Appeal Orders
Outcome
Orders made by the Full Court on 14 March 2016 in NSD 405 of 2015 were set aside and substituted; the appeal was allowed and the cross-appeal dismissed with costs.
Legal Topics
['slip Rule' 'correction of Orders' 'costs' 'interest']
['appeals' 'civil Procedure' 'commercial and Corporations'] ['slip Rule' 'correction of Orders' 'costs' 'interest']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Supplementary Reasons and Orders Correcting Clerical Error in Appeal Orders

Legal Issues

  1. 1 ['Whether an inadvertent clerical error in the orders made on appeal should be corrected.']

Ratio Decidendi

The appeal orders in NSD 405 of 2015 inadvertently set aside an earlier first instance order reflecting Westpac's concession that the retention incentive payment, with interest to 2 April 2012, should be made. Because no party sought to disturb those orders on appeal, the Full Court corrected the clerical error by setting aside the orders made on 14 March 2016 and substituting corrected orders with effect from that date.

Court Disposition

Orders made by the Full Court on 14 March 2016 in NSD 405 of 2015 were set aside and substituted; the appeal was allowed and the cross-appeal dismissed with costs.

Orders

  • ['The orders made by the Full Court on 14 March 2016 with respect to NSD 405 of 2015 Westpac appeal re Wittenberg / Wittenberg cross-appeal be set aside and in lieu thereof it be ordered, with effect from 14 March 2016, as follows:' 'The appeal be allowed.' 'The orders made in proceedings NSD 90 of 2010 on 27 March...