Martin v Norton Rose Fulbright Australia (No 6) [2019] FCA 1578
There was no accidental slip or omission requiring amendment; the paragraphs would be understood to refer to the conduct of the solicitors, and the judgment would not be amended under the slip rule. No order as to costs was made due to the lack of material consequence to Mr Martin.
- Jurisdiction
- Australia
- Judgment Date
- 23 September 2019
- Procedural Posture
- Application to Amend Judgment (slip Rule) / Ruling on Application for Amendment and Costs
- Outcome
- Application for amendment under slip rule dismissed; no order as to costs.
- Legal Topics
- ['slip Rule' 'amendment of Judgment' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application to Amend Judgment (slip Rule) / Ruling on Application for Amendment and Costs
Legal Issues
- 1 ['Whether paragraphs [47] and [48] of Martin v Norton Rose Fulbright Australia [2019] FCA 967 should be amended under r 39.05 of the Federal Court Rules 2011 (Cth) (slip rule)' 'Whether costs should be awarded in respect of the application to amend']
Ratio Decidendi
There was no accidental slip or omission requiring amendment; the paragraphs would be understood to refer to the conduct of the solicitors, and the judgment would not be amended under the slip rule. No order as to costs was made due to the lack of material consequence to Mr Martin.
Court Disposition
Application for amendment under slip rule dismissed; no order as to costs.
Orders
- ["Paragraphs [47] and [48] of Justice Kerr's reasons in Martin v Norton Rose Fulbright Australia [2019] FCA 967 are not to be amended pursuant to rule 39.05 of the Federal Court Rules 2011 (Cth)." 'There be no order as to costs of the request/application made for amendment.']
Full Case Text
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