Markakis v Mosman Municipal Council (No 2) [2022] NSWLEC 1235

Markakis v Mosman Municipal Council (No 2) [2022] NSWLEC 1235

The Court was satisfied that the reference to a two-storey tennis retreat in Order No. 2 was an error arising from an accidental slip and, pursuant to rule 36.17, ordered the correction to single-storey.

Parties
Applicant: Anthony Markakis; Respondent: Mosman Municipal Council
Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Class 1 / Post Judgment Motion to Amend Orders
Outcome
Order amended
Legal Topics
Amendment of Orders, Accidental Slip Rule
Procedure Amendment of Orders Accidental Slip Rule

Case Brief

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Parties

Anthony Markakis

Applicant

Mosman Municipal Council

Respondent

Procedural Posture

Class 1 / Post Judgment Motion to Amend Orders

Legal Issues

  1. 1 Whether there was an accidental slip or error in Order No. 2 of the previous judgment
  2. 2 Whether the Court should amend the judgment to correct the error under rule 36.17 of the Uniform Civil Procedure Rules 2005

Ratio Decidendi

The Court was satisfied that the reference to a two-storey tennis retreat in Order No. 2 was an error arising from an accidental slip and, pursuant to rule 36.17, ordered the correction to single-storey.

Court Disposition

Order amended

Orders

  • Pursuant to r 36.17 of the Uniform Civil Procedure Rules 2005, the judgment in Markakis v Mosman Municipal Council [2022] NSWLEC 1223 is amended by replacing the words "two-storey" in Order No. 2 with the words "single-storey".