Blacker v National Australia Bank Limited [2001] FCA 129

Blacker v National Australia Bank Limited [2001] FCA 129

There was no error arising from accidental omission justifying correction. The date interest accrues on a judgment debt is determined by the date the judgment/order was made and entered. 'Taking effect' orders do not alter the date the order is made or entered unless otherwise ordered. Therefore, any omission regarding submissions on interest was irrelevant, and the NAB’s application was unnecessary.

Parties
Applicant/cross Respondent: Peter Raymond Blacker; Applicant/cross Respondent: Christine Blacker; Respondent/cross Claimant: National Australia Bank Limited
Jurisdiction
Australia
Judgment Date
23 February 2001
Procedural Posture
Application for Correction of Judgment/order / Post Judgment Application
Outcome
application dismissed
Legal Topics
Correction of Errors in Judgments/orders, Interest on Judgment Debts, Effect of 'taking Effect' Orders
Civil Procedure Correction of Errors in Judgments/orders Interest on Judgment Debts Effect of 'taking Effect' Orders

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Parties

Peter Raymond Blacker

Applicant/cross Respondent

Christine Blacker

Applicant/cross Respondent

National Australia Bank Limited

Respondent/cross Claimant

Procedural Posture

Application for Correction of Judgment/order / Post Judgment Application

Legal Issues

  1. 1 Whether an order stating Court's intention at time of making earlier order constitutes correction of earlier order
  2. 2 Whether an accidental omission can justify correction under O 35 r 7(3) of the Federal Court Rules
  3. 3 Date from which judgment debt carries interest under s 52(1) of Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

There was no error arising from accidental omission justifying correction. The date interest accrues on a judgment debt is determined by the date the judgment/order was made and entered. 'Taking effect' orders do not alter the date the order is made or entered unless otherwise ordered. Therefore, any omission regarding submissions on interest was irrelevant, and the NAB’s application was unnecessary.

Court Disposition

application dismissed

Orders

  • The cross-claimant's application be dismissed.
  • The cross-claimant pay the cross-respondents' costs of the application.