EXPO ALUMINIUM (NSW) PTY LIMITED v PATEMAN PTY LIMITED (NO 2) [1991] NSWCA 92

EXPO ALUMINIUM (NSW) PTY LIMITED v PATEMAN PTY LIMITED (NO 2) [1991] NSWCA 92

The prior error was not an inadvertent slip but a deliberate mistake concerning the monetary award; it should be corrected since the orders were never taken out, and the correct sum is $2,000, not $5,000. The costs order also fell into error and should be deleted.

Parties
Opponent: Expo Aluminium (NSW) Pty Limited; Claimant: Pateman Pty Limited
Jurisdiction
Australia
Judgment Date
29 April 1991
Procedural Posture
Notice of Motion to Vary Orders / Post Judgment Correction
Outcome
Orders varied to correct mistakes in the Court's judgment and the costs order.
Legal Topics
Slip Rule, Correction of Orders, Costs Calculation
Practice and Procedure Slip Rule Correction of Orders Costs Calculation

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Parties

Expo Aluminium (NSW) Pty Limited

Opponent

Pateman Pty Limited

Claimant

Procedural Posture

Notice of Motion to Vary Orders / Post Judgment Correction

Legal Issues

  1. 1 Whether the Court's prior order involved a 'slip' within the slip rule
  2. 2 Whether the monetary verdict should be corrected
  3. 3 Whether the costs order should be amended

Ratio Decidendi

The prior error was not an inadvertent slip but a deliberate mistake concerning the monetary award; it should be corrected since the orders were never taken out, and the correct sum is $2,000, not $5,000. The costs order also fell into error and should be deleted.

Court Disposition

Orders varied to correct mistakes in the Court's judgment and the costs order.

Orders

  • Order 3 of 13 June 1990 varied: verdict of $2,000 against WR Pateman Pty Limited in favour of Expo Aluminium (NSW) Pty Limited instead of $5,000.
  • Order 4 of 13 June 1990 varied: costs of the trial order deleted.