Grozdanov & Anor v N&T Buildings Pty Ltd [2017] NSWCATAP 40

Grozdanov & Anor v N&T Buildings Pty Ltd [2017] NSWCATAP 40

The Panel held that the omission to set aside the 11 December 2014 costs order was an error arising from an accidental slip or omission within the meaning of s 63 of the NCAT Act. The correction to include both 14 November 2014 and 11 December 2014 as orders being set aside was necessary to ensure consistency and justice, given the appeal outcome.

Parties
Appellant: Olga Grozdanov; Appellant: Nick Grozdanov; Respondent: N&T Buildings Pty Ltd
Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Appeal / Application to Amend Previous Appeal Order (on the Papers)
Outcome
application granted; previous order amended; hearing dispensed with
Legal Topics
Slip Rule, Error Correction, Costs Orders, Amendment of Orders
Civil Procedure Slip Rule Error Correction Costs Orders Amendment of Orders

Case Brief

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Parties

Olga Grozdanov

Appellant

Nick Grozdanov

Appellant

N&T Buildings Pty Ltd

Respondent

Procedural Posture

Appeal / Application to Amend Previous Appeal Order (on the Papers)

Legal Issues

  1. 1 Whether the slip rule under s 63 of the Civil and Administrative Tribunal Act 2013 permits the correction of previous orders to include costs orders inadvertently omitted
  2. 2 Whether the Appeal Panel can amend the prior order to set aside both the substantive and costs orders from 2014

Ratio Decidendi

The Panel held that the omission to set aside the 11 December 2014 costs order was an error arising from an accidental slip or omission within the meaning of s 63 of the NCAT Act. The correction to include both 14 November 2014 and 11 December 2014 as orders being set aside was necessary to ensure consistency and justice, given the appeal outcome.

Court Disposition

application granted; previous order amended; hearing dispensed with

Orders

  • The Registrar is directed to alter the text of the notice of decision published on 17 June 2015 in accordance with the amendment set out below.
  • The order made on 17 June 2015 that: 'The orders made on 14 November 2015 are set aside' is amended to: 'The orders made on 14 November 2014 and 11 December 2014 are set aside'.