Cottrell v Nicholls (Trustee) in the matter of Cottrell (Bankrupt) [2004] FCA 315

Cottrell v Nicholls (Trustee) in the matter of Cottrell (Bankrupt) [2004] FCA 315

The orders made on 16 March 2004 contained an erroneous reference to orders made by Conti J on 19 September 2001. Although the matter was heard on 19 September 2001, the orders were made on 21 September 2001 and entered on 7 January 2002. The error was a slip and order 2 should be amended to substitute 21 September 2001 for 19 September 2001.

Jurisdiction
Australia
Judgment Date
24 March 2004
Procedural Posture
Bankruptcy Matter / Amendment of Final Orders
Outcome
Order 2 made on 16 March 2004 amended by replacing 19 September 2001 with 21 September 2001.
Legal Topics
['slip Rule' 'amendment of Orders']
['bankruptcy' 'civil Procedure'] ['slip Rule' 'amendment of Orders']

Case Brief

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Procedural Posture

Bankruptcy Matter / Amendment of Final Orders

Legal Issues

  1. 1 ['Whether order 2 made on 16 March 2004 should be amended to correct the date of orders made by Conti J.']

Ratio Decidendi

The orders made on 16 March 2004 contained an erroneous reference to orders made by Conti J on 19 September 2001. Although the matter was heard on 19 September 2001, the orders were made on 21 September 2001 and entered on 7 January 2002. The error was a slip and order 2 should be amended to substitute 21 September 2001 for 19 September 2001.

Court Disposition

Order 2 made on 16 March 2004 amended by replacing 19 September 2001 with 21 September 2001.

Orders

  • ['Pursuant to Order 35 rule 7(2)(e) of the Federal Court Rules order 2 made on 16 March 2004 in this matter be amended by replacing the date 19 September 2001 with the date 21 September 2001.']