ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (No 3) [2015] NSWCA 34

ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (No 3) [2015] NSWCA 34

There was no clerical mistake or accidental slip or omission within the meaning of r 36.17, as the Court had already included and summarised the evidentiary materials, and properly distinguished submissions from evidence. The sought variation was unnecessary and unsupported.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Notice of Motion / Application to Vary Judgment (slip Rule)
Outcome
Notice of Motion dismissed
Legal Topics
['slip Rule' 'variation of Judgment' 'consequential Orders']
['practice and Procedure'] ['slip Rule' 'variation of Judgment' 'consequential Orders']

Case Brief

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Procedural Posture

Notice of Motion / Application to Vary Judgment (slip Rule)

Legal Issues

  1. 1 ["Whether the Court's judgment should be varied to include omitted documents under the slip rule"]

Ratio Decidendi

There was no clerical mistake or accidental slip or omission within the meaning of r 36.17, as the Court had already included and summarised the evidentiary materials, and properly distinguished submissions from evidence. The sought variation was unnecessary and unsupported.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Notice of Motion filed 6 January 2015 dismissed.' 'No order as to costs.']