Wardle v Agricultural and Rural Finance Pty Ltd (No 4) [2014] NSWCA 206

Wardle v Agricultural and Rural Finance Pty Ltd (No 4) [2014] NSWCA 206

There was no clerical mistake, accidental slip, or inconsistency in the orders made by the Court in Judgment No 1 and Judgment No 2. Both parties accepted the orders should be applied consistently with the reasons for judgment. The application of the slip rule or inherent jurisdiction to rectify or clarify orders was not warranted.

Jurisdiction
Australia
Judgment Date
02 July 2014
Procedural Posture
Appeal / Application to Clarify Orders/remit Proceedings After Appellate Decisions
Outcome
Amended notice of motion dismissed
Legal Topics
['slip Rule' 'clarification of Orders' 'remittal to Equity Division']
['civil Procedure'] ['slip Rule' 'clarification of Orders' 'remittal to Equity Division']

Case Brief

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Procedural Posture

Appeal / Application to Clarify Orders/remit Proceedings After Appellate Decisions

Legal Issues

  1. 1 ['Whether there was any clerical error or accidental omission in orders needing correction under the slip rule' 'Whether inherent jurisdiction should be exercised to clarify appellate orders']

Ratio Decidendi

There was no clerical mistake, accidental slip, or inconsistency in the orders made by the Court in Judgment No 1 and Judgment No 2. Both parties accepted the orders should be applied consistently with the reasons for judgment. The application of the slip rule or inherent jurisdiction to rectify or clarify orders was not warranted.

Court Disposition

Amended notice of motion dismissed

Orders

  • ["ARF's amended notice of motion dismissed." 'No order as to the costs of the motion.']