Kabat Investments Pty Ltd and Anor v Compleat Imports Pty Ltd

[2002] VSCA 134

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Discretion to award costs
4. › Non-appearance by one party at directions hearing
5. › Whether opposing party entitled to costs of application to reinstate
6. › Whether failure to remind opponent of hearing date deprives successful party of costs
1. Practice and Procedure
2. › Orders
3. › Power to vacate or set aside orders
4. › Whether one judge may vacate order made by another judge
5. › Whether application to vacate must be made to judge who made original order
1. Practice and Procedure
2. › Slip rule
3. › Scope of slip rule
4. › Whether order made in ignorance of facts constitutes accidental slip or omission
5. › County Court Rules, r 36.07

Quick Take

An application to vacate a court order on the basis that it was made in ignorance of relevant facts must be made to the judge who made the original order, not to a different judge. The slip rule does not apply where the order was made in ignorance of facts rather than through clerical error or accidental slip. A party who is granted an indulgence to reinstate proceedings struck out due to their solicitor's non-attendance should ordinarily be ordered to pay the costs of the application; the opposing solicitor is not a guarantor of the defaulting solicitor's attendance.