Koidu von Reisner v Chepurin and Anor [2013] NSWSC 874

Koidu von Reisner v Chepurin and Anor [2013] NSWSC 874

The motion was dismissed because the alleged corrections either disclosed no error, involved controversy or matters of substance requiring independent judgment, were more appropriately matters for appeal, or were not matters warranting correction under UCPR r 36.17; as the defendants were successful, costs followed the event.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Motion Under Uniform Civil Procedure Rules R 36.17 to Amend or Correct a Judgment / Hearing of Plaintiff's Motion After Harrison as J's Judgment; Notice of Intention to Appeal Filed
Outcome
Motion dismissed with costs.
Legal Topics
['slip Rule' 'correction of Judgment' 'appeal Issues' 'costs Follow the Event']
['procedure' 'costs'] ['slip Rule' 'correction of Judgment' 'appeal Issues' 'costs Follow the Event']

Case Brief

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Procedural Posture

Motion Under Uniform Civil Procedure Rules R 36.17 to Amend or Correct a Judgment / Hearing of Plaintiff's Motion After Harrison as J's Judgment; Notice of Intention to Appeal Filed

Legal Issues

  1. 1 ["Whether the alleged errors in Harrison AsJ's judgment were clerical mistakes or errors arising from accidental slip or omission within UCPR r 36.17." 'Whether matters that were controversial or suitable for appeal should be corrected under the slip rule.' 'Whether costs should follow the dismissal of the motion.']

Ratio Decidendi

The motion was dismissed because the alleged corrections either disclosed no error, involved controversy or matters of substance requiring independent judgment, were more appropriately matters for appeal, or were not matters warranting correction under UCPR r 36.17; as the defendants were successful, costs followed the event.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Motion dismissed.' "Plaintiff to pay the defendants' costs."]