Where originating process names different persons as a party in different parts of the document, the court must determine on a completely objective basis — by reference to the document and any linked documents — which person was intended to be the party. The objective nature of the mistake is the primary factor under SCR Pt 20 r 4(3), though the subjective reaction of the recipient may play a minor role. There is no evidentiary onus on the defendant to show they were misled. Section 16(2) of the Criminal Procedure Act 1986 applies to proceedings in the Land and Environment Court.
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3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.