26 May 2006
ALLAN SCOTT WINES & ESTATES HOLDINGS LTD V DOUGLAS SYDNEY LLOYD AND SUSAN MARGARET LLOYD HC BLE CIV 2006-406-32
- Citation
- openlaw-03ea2750_c637_4c28_a2bd_22a4d2263ea3.pdf
- Court
- High Court
Rule 11 does not permit amendment of a sealed judgment; Rule 12 is limited to correcting clerical mistakes, slips or omissions and will permit substitution only in a clear case of misnomer where the correct defendant appreciated they were the intended target and had an opportunity to be heard; the Court's implied residual power to set aside a sealed judgment exists only in exceptional cases to prevent a substantial miscarriage of justice. On the facts the error was misjoinder (substantive) not remediable under Rule 12 and no exceptional necessity was established, so the District Court erred i…