Lansom v Lansom (No 2) [2018] NSWSC 835

Lansom v Lansom (No 2) [2018] NSWSC 835

Because the consent orders contained an error in the identification of the property, the plaintiff and first defendant agreed the appointed trustee should be named, and the second and third defendants would not be affected by the amendments, the Court was satisfied that amended orders should be made under r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) without formally obtaining the second and third defendants' consent.

Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Procedural and Other Rulings / In Chambers; Amendment of Consent Orders Under the Slip Rule
Outcome
Amended orders made.
Legal Topics
['slip Rule' 'error in Consent Orders' 'amended Orders' 'trustee for Sale']
['practice and Procedure'] ['slip Rule' 'error in Consent Orders' 'amended Orders' 'trustee for Sale']

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Procedural Posture

Procedural and Other Rulings / In Chambers; Amendment of Consent Orders Under the Slip Rule

Legal Issues

  1. 1 ['Whether errors in the consent orders dated 23 May 2018 identifying the property and naming the trustee could be corrected under r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the consent of the second and third defendants to the proposed amended orders needed to be formally obtained.']

Ratio Decidendi

Because the consent orders contained an error in the identification of the property, the plaintiff and first defendant agreed the appointed trustee should be named, and the second and third defendants would not be affected by the amendments, the Court was satisfied that amended orders should be made under r 36.17 of the Uniform Civil Procedure Rules 2005 (NSW) without formally obtaining the second and third defendants' consent.

Court Disposition

Amended orders made.

Orders

  • ['That Gordon Albert Salier shall be entitled to make and be paid from the sale of the property situated and knows as 750 Red Hill Road, Upper Turon all the usual and proper charges at the hourly rate of $450.00 plus GST on his usual terms as to payment for his work as trustee for sale and for the professional and...