Jingalong Pty Limited v Todd [2016] NSWCA 131

Jingalong Pty Limited v Todd [2016] NSWCA 131

The orders made by the Court on 12 February 2015 contained the errors identified by the appellant, and those errors should be corrected by amending Order 2 and remitting the determination of costs in the Equity Division.

Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Notice of Motion Pursuant to the Slip Rule in an Appeal / On the Papers; Consequential Orders Correcting Orders Made on 12 February 2015
Outcome
Motion granted; errors in the Court of Appeal's orders corrected.
Legal Topics
['judgment Orders' 'error Correction' 'slip Rule' 'remitter']
['practice and Procedure'] ['judgment Orders' 'error Correction' 'slip Rule' 'remitter']

Case Brief

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Procedural Posture

Notice of Motion Pursuant to the Slip Rule in an Appeal / On the Papers; Consequential Orders Correcting Orders Made on 12 February 2015

Legal Issues

  1. 1 ['Whether Order 2 made by the Court of Appeal on 12 February 2015 should be amended to refer to order 6 made by Kunc J on 10 April 2014.' 'Whether determination of the costs of the proceedings at first instance should be remitted to the Equity Division.']

Ratio Decidendi

The orders made by the Court on 12 February 2015 contained the errors identified by the appellant, and those errors should be corrected by amending Order 2 and remitting the determination of costs in the Equity Division.

Court Disposition

Motion granted; errors in the Court of Appeal's orders corrected.

Orders

  • ['Amend Order 2 made on 12 February 2015 to include order 6 made by Kunc J on 10 April 2014.' 'Remit to the Equity Division the determination of the costs of the proceedings in the Equity Division.']