Stack v AGL Gas Company (NSW) Pty LTd & Ors (No 2) [2003] NSWSC 504

Stack v AGL Gas Company (NSW) Pty LTd & Ors (No 2) [2003] NSWSC 504

Because an arithmetical error in the judgment total had occurred and Pt 20 r 10 applied, paragraph 27 of the judgment delivered on 16 May 2003 was amended so that the judgment total became $4,373,089. Exercising the discretion under s 95 of the Supreme Court Act, the Court declined both parties' positions on the commencement of interest and directed that the judgment run from 23 May 2003.

Jurisdiction
Australia
Judgment Date
05 June 2003
Procedural Posture
Application Pursuant to Pt 20 R 10, the Slip Rule / Post Judgment Application to Amend Judgment Delivered on 16 May 2003
Outcome
Application granted; judgment amended to correct the arithmetical error and judgment to run from 23 May 2003.
Legal Topics
['slip Rule' 'amendment of Judgment' 'arithmetical Error' 'interest on Judgment']
['civil Procedure'] ['slip Rule' 'amendment of Judgment' 'arithmetical Error' 'interest on Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to Pt 20 R 10, the Slip Rule / Post Judgment Application to Amend Judgment Delivered on 16 May 2003

Legal Issues

  1. 1 ['Whether the judgment should be amended under Pt 20 r 10 to correct an arithmetical error.' 'From what date the amended judgment sum should run for interest purposes.']

Ratio Decidendi

Because an arithmetical error in the judgment total had occurred and Pt 20 r 10 applied, paragraph 27 of the judgment delivered on 16 May 2003 was amended so that the judgment total became $4,373,089. Exercising the discretion under s 95 of the Supreme Court Act, the Court declined both parties' positions on the commencement of interest and directed that the judgment run from 23 May 2003.

Court Disposition

Application granted; judgment amended to correct the arithmetical error and judgment to run from 23 May 2003.

Orders

  • ['Paragraph 27 of the judgment delivered on 16 May 2003 is amended by inserting in its lieu the paragraph headed "Proposed Amended Paragraph 27".' 'The judgment total of $4,093,089 is amended to total $4,373,089.' 'The judgment sum will be in the amount of $4,373,089.' 'Judgment runs from 23 May 2003.']