Semaan v Poidevin (No 2) [2013] NSWSC 694

Semaan v Poidevin (No 2) [2013] NSWSC 694

The Supreme Court of New South Wales, as a superior court of record, has the power to alter reasons for judgment after the judgment is entered, provided the alterations clarify ambiguous expressions or correct infelicitous wording without substantively changing the reasoning or reopening the appeal, and such amendments are not governed by the Uniform Civil Procedure Rules in criminal proceedings.

Parties
Plaintiff: Richard Semaan; Defendant: Sergeant Damien Poidevin
Jurisdiction
Australia
Judgment Date
03 June 2013
Procedural Posture
Appeal Against Conviction / Post Judgment Amendment to Reasons
Outcome
Amendment to reasons for judgment permitted; no variation to orders.
Legal Topics
Amendment of Reasons for Judgment, Superior Court of Record Power, Application of Uniform Civil Procedure Rules to Criminal Appeals
Criminal Law Civil Procedure Amendment of Reasons for Judgment Superior Court of Record Power Application of Uniform Civil Procedure Rules to Criminal Appeals

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Parties

Richard Semaan

Plaintiff

Sergeant Damien Poidevin

Defendant

Procedural Posture

Appeal Against Conviction / Post Judgment Amendment to Reasons

Legal Issues

  1. 1 Can the Supreme Court of New South Wales amend reasons for judgment after the judgment has been entered in criminal proceedings?
  2. 2 Does the Uniform Civil Procedure Rules 2005 apply to amendment of reasons in appeals against conviction from the Local Court?
  3. 3 What is the scope of the superior court's power to correct slip or ambiguity in reasons for judgment?

Ratio Decidendi

The Supreme Court of New South Wales, as a superior court of record, has the power to alter reasons for judgment after the judgment is entered, provided the alterations clarify ambiguous expressions or correct infelicitous wording without substantively changing the reasoning or reopening the appeal, and such amendments are not governed by the Uniform Civil Procedure Rules in criminal proceedings.

Court Disposition

Amendment to reasons for judgment permitted; no variation to orders.

Orders

  • Reasons for judgment of 22 March 2013 amended at paragraphs [76], [77], and [110].
  • Orders made on 22 March 2013 remain unchanged.