Re Amazon Pest Control Pty Ltd (No 2) [2016] NSWSC 1590

Re Amazon Pest Control Pty Ltd (No 2) [2016] NSWSC 1590

Amending the judgment under the slip rule to reduce the amount, after judgment has been authorised and before bankruptcy, is not a prohibited fresh step under Bankruptcy Act 1966 (Cth) s 58(3), and thus is permissible.

Jurisdiction
Australia
Judgment Date
10 November 2016
Procedural Posture
Consequential Orders (other Than Costs) / Application to Amend Judgment Pursuant to Slip Rule, Post Judgment
Outcome
Orders amended pursuant to slip rule; judgment sum reduced.
Legal Topics
['slip Rule' 'judgment Amendment' 'calculation Mistake' 'fresh Step After Bankruptcy']
['practice & Procedure' 'bankruptcy' 'equity'] ['slip Rule' 'judgment Amendment' 'calculation Mistake' 'fresh Step After Bankruptcy']

Case Brief

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Procedural Posture

Consequential Orders (other Than Costs) / Application to Amend Judgment Pursuant to Slip Rule, Post Judgment

Legal Issues

  1. 1 ['whether the Court can amend the judgment sum under the slip rule after defendant became bankrupt' 'whether the formal judgment order was irregular or invalid' 'whether the amendment is a prohibited fresh step under Bankruptcy Act 1966 (Cth) s 58(3)']

Ratio Decidendi

Amending the judgment under the slip rule to reduce the amount, after judgment has been authorised and before bankruptcy, is not a prohibited fresh step under Bankruptcy Act 1966 (Cth) s 58(3), and thus is permissible.

Court Disposition

Orders amended pursuant to slip rule; judgment sum reduced.

Orders

  • ['Order 1(a) amended to $1,069,125.73.' 'Order 1(b) amended to $488,916.48.' "The last line of order 2 amended to 'The final judgment sum is thus $1,558,042.21.'"]