Insp Benbow v Planada Holdings Pty Ltd (No 2) [2001] NSWIRComm 299

Insp Benbow v Planada Holdings Pty Ltd (No 2) [2001] NSWIRComm 299

The court is empowered under Part 20 rule 151(1) of the Industrial Relations Act 1996 to amend its judgment to correct an accidental slip by specifying that costs are to be agreed or assessed and that the matter is to return to the court for consideration and final orders as to costs.

Parties
Prosecutor: Inspector Elizabeth Benbow; Defendant: Planada Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
14 November 2001
Procedural Posture
Prosecution / Application to Amend Judgment; Costs Order
Outcome
Order amended; costs order clarified
Legal Topics
Costs, Amendment of Orders
Industrial Relations Costs Amendment of Orders

Case Brief

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Parties

Inspector Elizabeth Benbow

Prosecutor

Planada Holdings Pty Ltd

Defendant

Procedural Posture

Prosecution / Application to Amend Judgment; Costs Order

Legal Issues

  1. 1 Whether the court can amend its previous judgment under Part 20 rule 151(1) of the Industrial Relations Act 1996 to properly reflect the order for costs.

Ratio Decidendi

The court is empowered under Part 20 rule 151(1) of the Industrial Relations Act 1996 to amend its judgment to correct an accidental slip by specifying that costs are to be agreed or assessed and that the matter is to return to the court for consideration and final orders as to costs.

Court Disposition

Order amended; costs order clarified

Orders

  • The defendant is to pay the prosecutor's costs to be agreed or assessed and the matter is to be brought before the court for consideration and final orders as to costs.