Mills v Bale & Anor (No. 2) [2010] NSWDC 189

Mills v Bale & Anor (No. 2) [2010] NSWDC 189

The slip rule only permits correction of unintended errors, and absent consent, does not empower the Court to substantially alter the judgment for issues not argued and determined at hearing, such as recalculation of damages or applying a different interest rate based on a decision delivered after reasons were reserved. The judgment is amended only to correct two identified errors, and costs are ordered on an indemnity basis from the date of the offer of compromise, with other applications for adjustments refused.

Parties
Plaintiff: Howard John Mills; Defendants: Peter Earle Bale & George Paul Boshev trading as Bale Boshev Lawyers
Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Civil / Post Judgment Orders and Slip Rule Amendments
Outcome
Judgment amount varied to $666,128.93; costs orders varied; stay extended.
Legal Topics
Slip Rule Amendment, Costs – Offer of Compromise, Indemnity Costs
Procedure Costs Slip Rule Amendment Costs – Offer of Compromise Indemnity Costs

Case Brief

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Parties

Howard John Mills

Plaintiff

Peter Earle Bale & George Paul Boshev trading as Bale Boshev Lawyers

Defendants

Procedural Posture

Civil / Post Judgment Orders and Slip Rule Amendments

Legal Issues

  1. 1 Whether the principal judgment should be amended under the slip rule to correct errors
  2. 2 Whether pre-judgment interest rate should be recalculated under the Civil Liability Act 2002 or UCPR
  3. 3 Whether substantive adjustments argued post-judgment can be made under slip rule

Ratio Decidendi

The slip rule only permits correction of unintended errors, and absent consent, does not empower the Court to substantially alter the judgment for issues not argued and determined at hearing, such as recalculation of damages or applying a different interest rate based on a decision delivered after reasons were reserved. The judgment is amended only to correct two identified errors, and costs are ordered on an indemnity basis from the date of the offer of compromise, with other applications for adjustments refused.

Court Disposition

Judgment amount varied to $666,128.93; costs orders varied; stay extended.

Orders

  • Principal judgment amount in favour of plaintiff varied from $703,149.28 to $666,128.93 to accommodate slip rule amendments.
  • Defendants to pay plaintiff's costs on ordinary basis up to 3 November 2008 as agreed or assessed, and on indemnity basis from 4 November 2008.