SZMLB v Minister for Immigration and Citizenship (No 2) [2008] FCA 1962

SZMLB v Minister for Immigration and Citizenship (No 2) [2008] FCA 1962

The Court has power under the slip rule and Federal Court Rules O 35 r 7(3) to correct an order to reflect its true intention where there was an accidental slip or omission and the interests of justice require correction.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Appeal / Application to Correct Order (slip Rule) Following Dismissal of Appeal
Outcome
Order corrected under slip rule
Legal Topics
['slip Rule' 'correction of Orders' 'judicial Procedure']
['administrative Law'] ['slip Rule' 'correction of Orders' 'judicial Procedure']

Case Brief

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Procedural Posture

Appeal / Application to Correct Order (slip Rule) Following Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the Court should correct its earlier order to reflect its true intention under the slip rule']

Ratio Decidendi

The Court has power under the slip rule and Federal Court Rules O 35 r 7(3) to correct an order to reflect its true intention where there was an accidental slip or omission and the interests of justice require correction.

Court Disposition

Order corrected under slip rule

Orders

  • ["Order 2 as entered on 28 November 2008 be varied by deleting 'Order 2' and inserting 'Order 3'."]