Director General, Department of Services, Technology and Administration v Veall & Ors (No 3) [2011] NSWSC 541

Director General, Department of Services, Technology and Administration v Veall & Ors (No 3) [2011] NSWSC 541

The proposed corrections were permitted by UCPR r 36.17 because spelling and typographical errors were clerical mistakes and the remaining minor factual matters arose from accidental slip or omission. Given the ex parte nature of the proceedings and the need for an accurate record before remedies and foreshadowed proceedings against the second defendant, the corrections should be made; they did not disadvantage the defendants or affect the substance of the unrevised judgment.

Jurisdiction
Australia
Judgment Date
06 May 2011
Procedural Posture
Procedural and Other Rulings / Interlocutory Judgment; Corrections to Judgment After Ex Parte Liability Findings
Outcome
Corrections to judgment.
Legal Topics
['correction of Judgment' 'slip Rule' 'ex Parte Proceedings' 'interlocutory Judgment']
['civil Procedure'] ['correction of Judgment' 'slip Rule' 'ex Parte Proceedings' 'interlocutory Judgment']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Interlocutory Judgment; Corrections to Judgment After Ex Parte Liability Findings

Legal Issues

  1. 1 ['Whether suggested corrections to the interlocutory judgment could be made under UCPR r 36.17.' 'Whether personal details, including a former client address, should be removed from the judgment.' 'Whether the corrections would alter the substance of the judgment or disadvantage the defendants.']

Ratio Decidendi

The proposed corrections were permitted by UCPR r 36.17 because spelling and typographical errors were clerical mistakes and the remaining minor factual matters arose from accidental slip or omission. Given the ex parte nature of the proceedings and the need for an accurate record before remedies and foreshadowed proceedings against the second defendant, the corrections should be made; they did not disadvantage the defendants or affect the substance of the unrevised judgment.

Court Disposition

Corrections to judgment.

Orders

  • []