Boele v Norsemeter [2003] NSWCA 173

Boele v Norsemeter [2003] NSWCA 173

Order 5 as pronounced was the result of an accidental slip or omission and did not correctly reflect the Court's intention, so it was a proper case to amend the order to provide that the respondent pay the appellant's costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified.

Jurisdiction
Australia
Judgment Date
25 June 2003
Procedural Posture
Court of Appeal Application to Amend Order / Amendment of Costs Order After Appeal Judgment
Outcome
Order 5 amended under SCR Pt 20 r 10(1).
Legal Topics
['slip Rule' 'amendment of Orders' 'suitors Fund Act Certificate']
['civil Procedure' 'costs'] ['slip Rule' 'amendment of Orders' 'suitors Fund Act Certificate']

Case Brief

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Procedural Posture

Court of Appeal Application to Amend Order / Amendment of Costs Order After Appeal Judgment

Legal Issues

  1. 1 ["Whether order 5 in the Court's judgment dated 13 November 2002 should be amended because it resulted from an accidental slip or omission."]

Ratio Decidendi

Order 5 as pronounced was the result of an accidental slip or omission and did not correctly reflect the Court's intention, so it was a proper case to amend the order to provide that the respondent pay the appellant's costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified.

Court Disposition

Order 5 amended under SCR Pt 20 r 10(1).

Orders

  • ["Order (5) in the judgment of Handley, Beazley and Giles JJA dated 13 November 2002 is amended under SCR Pt 20 r 10(1) to read: That the respondent pay the appellant's costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified." 'No costs of the...