Wang v Farkas (No 3) [2014] NSWCA 111

Wang v Farkas (No 3) [2014] NSWCA 111

The Court, exercising its supervisory jurisdiction, may set aside erroneous lower court orders pertaining to costs, but must generally remit the matter to the lower court for determination unless the correct order is inevitable and non-contestable; the Court will exercise its power to remove from the record mistaken orders entered due to clerical error under the relevant rule.

Parties
First Applicant: James Wang; Second Applicant: Y Ping Gu; Respondent: George Farkas
Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Appeal / Judgment on Orders and Correction of Record
Outcome
Orders set aside and matter remitted
Legal Topics
Judgment and Orders, Supervisory Jurisdiction, Costs, Entry and Correction of Judgment
Civil Procedure Judgment and Orders Supervisory Jurisdiction Costs Entry and Correction of Judgment

Case Brief

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Parties

James Wang

First Applicant

Y Ping Gu

Second Applicant

George Farkas

Respondent

Procedural Posture

Appeal / Judgment on Orders and Correction of Record

Legal Issues

  1. 1 Scope of power to make orders in supervisory jurisdiction
  2. 2 Whether court may make only orders properly available below
  3. 3 Power to correct clerical mistakes in orders

Ratio Decidendi

The Court, exercising its supervisory jurisdiction, may set aside erroneous lower court orders pertaining to costs, but must generally remit the matter to the lower court for determination unless the correct order is inevitable and non-contestable; the Court will exercise its power to remove from the record mistaken orders entered due to clerical error under the relevant rule.

Court Disposition

Orders set aside and matter remitted

Orders

  • Remove from the record orders (1)-(5) entered on 26 February 2014 by mistake.
  • Set aside the judgment and orders made in the District Court on 20 May 2011 in so far as they dismissed the appeal from the order made by the magistrate in the Local Court with respect to the costs of the proceedings before him.