Re Orana Barellan Aboriginal Corporation (In Liq) [2002] NSWSC 990

Re Orana Barellan Aboriginal Corporation (In Liq) [2002] NSWSC 990

The inclusion of the words 'on an indemnity basis' in the order was a clerical error and correctable under the slip rule; however, the making of a joint and several costs order, even if anomalous on the facts, was not a clerical mistake and is not rectifiable under the slip rule, but may be subject to appeal or agreement between parties.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Motion / Post Judgment Application to Set Aside or Amend Orders
Outcome
Application dismissed except for correction of indemnity basis and setting aside costs judgment; costs of motion to liquidator.
Legal Topics
['slip Rule' 'costs Orders' 'examination Summons Under Corporations Act']
['civil Procedure' 'corporations Law'] ['slip Rule' 'costs Orders' 'examination Summons Under Corporations Act']

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Procedural Posture

Motion / Post Judgment Application to Set Aside or Amend Orders

Legal Issues

  1. 1 ["Whether an order for costs expressed to be 'joint and several' can be corrected under the slip rule" "Whether inclusion of 'on an indemnity basis' in a costs order was a clerical mistake correctable under the slip rule"]

Ratio Decidendi

The inclusion of the words 'on an indemnity basis' in the order was a clerical error and correctable under the slip rule; however, the making of a joint and several costs order, even if anomalous on the facts, was not a clerical mistake and is not rectifiable under the slip rule, but may be subject to appeal or agreement between parties.

Court Disposition

Application dismissed except for correction of indemnity basis and setting aside costs judgment; costs of motion to liquidator.

Orders

  • ["Pursuant to Part 20 r10 of the Supreme Court Rules the order entered on 12 December 2001 is corrected by deleting the words 'on an indemnity basis'." 'The judgment entered on 30 April 2002 is set aside.' 'Assessment of costs is referred back to Mr Greg Walsh, costs assessor, for redetermination in accordance with...