Pozetu Pty Ltd v Alexander James Pty Ltd (No 2) [2016] NSWCA 239

Pozetu Pty Ltd v Alexander James Pty Ltd (No 2) [2016] NSWCA 239

The original judgment erroneously referred to NCAT when the proceedings were in fact before the ADT; these errors constitute accidental slips or omissions and may be corrected without affecting the reasoning or the outcome, pursuant to the slip rule.

Parties
Applicant: Pozetu Pty Ltd; First Respondent: Alexander James Pty Ltd; Second Respondent: Christopher Dedman; Third Respondent: Christopher Hancock; Fourth Respondent: Anthony Maxworthy
Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Consequential Orders (other Than Costs) / Court of Appeal – Amendment of Principal Judgment Under Slip Rule
Outcome
The principal judgment is amended under the slip rule to correct references to the relevant Tribunal and make associated changes.
Legal Topics
Amendment of Judgment, Slip Rule, Tribunal Structure
Civil Procedure Amendment of Judgment Slip Rule Tribunal Structure

Case Brief

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Parties

Pozetu Pty Ltd

Applicant

Alexander James Pty Ltd

First Respondent

Christopher Dedman

Second Respondent

Christopher Hancock

Third Respondent

Anthony Maxworthy

Fourth Respondent

Procedural Posture

Consequential Orders (other Than Costs) / Court of Appeal – Amendment of Principal Judgment Under Slip Rule

Legal Issues

  1. 1 Whether the principal judgment misidentified the relevant Tribunal as NCAT rather than ADT
  2. 2 Whether orders should be varied under the slip rule to correct accidental errors in the judgment

Ratio Decidendi

The original judgment erroneously referred to NCAT when the proceedings were in fact before the ADT; these errors constitute accidental slips or omissions and may be corrected without affecting the reasoning or the outcome, pursuant to the slip rule.

Court Disposition

The principal judgment is amended under the slip rule to correct references to the relevant Tribunal and make associated changes.

Orders

  • The judgment of the Court delivered on 12 August 2016 be amended pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 36.17 as stated in this judgment.