Coshott v Spencer [2022] NSWSC 824

Coshott v Spencer [2022] NSWSC 824

The Local Court had power, both under the slip rule and its implied administrative powers, to correct a clerical error by varying the judgment sum to reflect the proper amount in the Costs Assessment Certificate, and such correction did not render the original judgment a nullity. The appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
24 June 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['judgments and Orders' 'amending, Varying and Setting Aside' 'correction Under Slip Rule' 'appeals From Local Court' 'overriding Purpose of Civil Procedure Act 2005 S 56']
['civil Procedure'] ['judgments and Orders' 'amending, Varying and Setting Aside' 'correction Under Slip Rule' 'appeals From Local Court' 'overriding Purpose of Civil Procedure Act 2005 S 56']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Local Court had the power to vary the judgment issued for $17,094 to reduce it to $17,004 under the slip rule or its implied power to correct its records' 'Whether the original judgment was a nullity due to inclusion of the $90 filing fee' 'Whether the variation order made by the Magistrate was valid']

Ratio Decidendi

The Local Court had power, both under the slip rule and its implied administrative powers, to correct a clerical error by varying the judgment sum to reflect the proper amount in the Costs Assessment Certificate, and such correction did not render the original judgment a nullity. The appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Summons commencing an Appeal filed 26 October 2020 is dismissed.' "Plaintiff to pay the defendant's costs." 'If either party seeks an order different from Order (2), then any submission seeking such order together with any affidavit in support is to be filed and served within 21 days of this judgment. Any...