K-Aire Pty Ltd (ACN 074 842 265) v Polyaire Pty Ltd (ACN 007 673 690)

(2007) 235 ALR 202; [2007] FCAFC 192

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Interrogate

Catchwords

1. Practice and Procedure
2. › Orders
3. › Amendment of sealed orders
4. › Power to correct orders that do not reflect intention of trial judge
5. › Whether inherent power or rules of court permit correction after orders sealed
6. › Supreme Court Rules 1987 (SA), r 3.04(f)
1. Practice and Procedure
2. › Orders
3. › Effect of unsuccessful appeal on power to amend
4. › Whether unsuccessful appeal to High Court on other grounds precludes trial judge from correcting orders for ambiguity or failure to reflect intention
1. Practice and Procedure
2. › Orders
3. › Construction of orders
4. › Whether orders ambiguous
5. › Whether common assumption at trial informed scope of orders
6. › Whether exhibits tendered as examples limited orders to articles of same size

Quick Take

A trial judge retains power under r 3.04(f) of the Supreme Court Rules 1987 (SA) to correct sealed orders that do not reflect the court's intention, even after an unsuccessful appeal to the High Court, provided the question of correction was not in issue in the appeal. The contrary view would defeat the interests of justice by condemning a successful party to abide by orders that are ambiguous, unintended or mistaken.