Wentworth v Graham & 1 Ors

[2003] NSWCA 88

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Application to withdraw or amend judgment
4. › Power to reopen after judgment
5. › Whether judgment proceeded on misapprehension of fact or law
6. › Whether error was relevant to the decision reached
7. › Supreme Court Rules Pt 40 r 9

Quick Take

The case is a straightforward application of settled principles governing the power to reopen a judgment. An error in a judgment that is corrected elsewhere in the same judgment and has no significance to the decision reached does not warrant withdrawal or amendment.