Cappucio, Andrew v Chrysler Australia (Sales) Pty Ltd & Anor [1980] FCA 80

The court has power to amend the previous order under the Slip Rule to grant a certificate for counsel's attendance, as attendance was appropriate and the omission was an accidental oversight; delay and prior taxation do not preclude granting the certificate.

Parties: Plaintiff: Andrew Cappucio; First Named Defendant: Chrysler Australia (Sales) Pty. Limited; Second Named Defendant: Another (Second-named Defendant)
Jurisdiction: Australia
Judgment Date: 04 June 1980
Procedural Posture: Interlocutory Application in Ongoing Proceedings / Application to Amend Order After Judgment (chambers)
Outcome: Application granted
Legal Topics: Costs, Amendment of Orders, Slip Rule, Attendance by Counsel

Civil Procedure Costs Amendment of Orders Slip Rule Attendance by Counsel

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Cappucio

Plaintiff

Chrysler Australia (Sales) Pty. Limited

First Named Defendant

Another (Second-named Defendant)

Second Named Defendant

Procedural Posture

Interlocutory Application in Ongoing Proceedings / Application to Amend Order After Judgment (chambers)

Legal Issues

1 Whether a certificate for attendance by counsel can be granted after an order has been entered without the certificate, upon application after taxation of costs
2 Whether the court has power to amend the order under the Slip Rule to include the certificate for attendance by counsel
3 Whether delay or the completion of taxation precludes the granting of a certificate for attendance by counsel

Ratio Decidendi

Court Disposition

Application granted

Orders

Certificate for attendance by counsel granted and endorsed upon the order entered on 5 October 1978.
No order as to costs of the present application.