Starr v William Goard & Associates [2005] NSWSC 124

Starr v William Goard & Associates [2005] NSWSC 124

The amendment of the plaintiff's name after default judgment was an accidental omission capable of rectification by the Magistrate under Part 16.10 of the Local Court (Civil Claims) Rules 1988. No error of law was demonstrated, and even if there were, it would not warrant intervention in view of ongoing proceedings.

Jurisdiction
Australia
Judgment Date
03 March 2005
Procedural Posture
Appeal / Judgment on Appeal From Local Court to Supreme Court (common Law Division)
Outcome
Appeal dismissed. Order of Magistrate Still affirmed. Plaintiff to pay defendant's costs.
Legal Topics
['amendment of Parties' 'default Judgment' 'appeal From Local Court' 'amendment of Judgment After Entry']
['civil Procedure'] ['amendment of Parties' 'default Judgment' 'appeal From Local Court' 'amendment of Judgment After Entry']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Local Court to Supreme Court (common Law Division)

Legal Issues

  1. 1 ["Whether the Magistrate had power to amend the plaintiff's name after entry of default judgment" 'Whether Part 16 of Local Court (Civil Claims) Rules 1988 applies after judgment entered' 'Whether the amendment was an accidental omission or impermissible substantive change']

Ratio Decidendi

The amendment of the plaintiff's name after default judgment was an accidental omission capable of rectification by the Magistrate under Part 16.10 of the Local Court (Civil Claims) Rules 1988. No error of law was demonstrated, and even if there were, it would not warrant intervention in view of ongoing proceedings.

Court Disposition

Appeal dismissed. Order of Magistrate Still affirmed. Plaintiff to pay defendant's costs.

Orders

  • ['The appeal is dismissed.' 'The order of Magistrate Still dated 3 August 2004 is affirmed.' 'The summons filed 25 August 2004 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]