KELLOGG (AUSTRALIA) PTY LTD v PIZANIAS [1990] NSWCA 103

KELLOGG (AUSTRALIA) PTY LTD v PIZANIAS [1990] NSWCA 103

The Compensation Court had the power under Pt2 r24(3) of the Compensation Court Rules to correct the award by deleting the reference to 's11(2)', which was an accidental slip inconsistent with the judge’s findings of total incapacity. The correction was proper within the limits of the slip rule and did not amount to altering the substance of the order.

Parties
Appellant: Kellogg (Australia) Pty Ltd; Respondent: Pizanias
Jurisdiction
Australia
Judgment Date
04 May 1990
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; motion dismissed
Legal Topics
Slip Rule, Correction of Judgments and Awards, Power to Amend Orders, Workers' Compensation Awards, Total Versus Partial Incapacity
Practice and Procedure Workers' Compensation Slip Rule Correction of Judgments and Awards Power to Amend Orders Workers' Compensation Awards Total Versus Partial Incapacity

Case Brief

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Parties

Kellogg (Australia) Pty Ltd

Appellant

Pizanias

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Compensation Court had the power to correct its award under the slip rule, removing the reference to 's11(2)' and to clarify that the award was for total, not partial, incapacity
  2. 2 Whether the correction involved an improper alteration of the order rather than a mere correction
  3. 3 Whether the delay or intervening events made it inequitable or inexpedient to grant the correction

Ratio Decidendi

The Compensation Court had the power under Pt2 r24(3) of the Compensation Court Rules to correct the award by deleting the reference to 's11(2)', which was an accidental slip inconsistent with the judge’s findings of total incapacity. The correction was proper within the limits of the slip rule and did not amount to altering the substance of the order.

Court Disposition

Appeal dismissed; motion dismissed

Orders

  • Motion dismissed with no order as to costs
  • Appeal dismissed with costs