Quest Rose Hill Pty Limited v The Owners Corporation of Strata Plan 64025 and Anor [2013] NSWSC 851

Quest Rose Hill Pty Limited v The Owners Corporation of Strata Plan 64025 and Anor [2013] NSWSC 851

The plaintiff's application fails because the matters raised were discussed and agreed by the parties, including the plaintiff, during previous hearings, and are not accidental slips or omissions justifying correction under the slip rule. However, the deletion of the words 'by consent' is a non-controversial correction under the slip rule as they do not reflect entry into a consent judgment.

Jurisdiction
Australia
Judgment Date
26 June 2013
Procedural Posture
Notice of Motion / Post Judgment Consequential Orders
Outcome
Plaintiff's notice of motion dismissed; plaintiff to pay second defendant's costs
Legal Topics
['amending Judgments and Orders' 'slip Rule']
['equity' 'civil Procedure'] ['amending Judgments and Orders' 'slip Rule']

Case Brief

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Procedural Posture

Notice of Motion / Post Judgment Consequential Orders

Legal Issues

  1. 1 ['Whether the final orders made on 24 April 2013 contain ambiguity requiring a declaration as to their effect' 'Whether orders should be varied under Uniform Civil Procedure Rules 2005 r 36.17 (slip rule)' "Whether words 'by consent' should be deleted as an accidental slip"]

Ratio Decidendi

The plaintiff's application fails because the matters raised were discussed and agreed by the parties, including the plaintiff, during previous hearings, and are not accidental slips or omissions justifying correction under the slip rule. However, the deletion of the words 'by consent' is a non-controversial correction under the slip rule as they do not reflect entry into a consent judgment.

Court Disposition

Plaintiff's notice of motion dismissed; plaintiff to pay second defendant's costs

Orders

  • ["Plaintiff's notice of motion filed in court on 26 June 2013 dismissed" "Plaintiff pays second defendant's costs of this motion"]