Goodwin v Commissioner of Police (No 2)

[2011] NSWCA 90

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Amendment of orders
4. › Slip rule
5. › Whether order contained clerical mistake or error arising from accidental slip or omission
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Appeal
2. › Civil appeal
3. › Remittal to court below
4. › Form of remittal order
5. › Whether 'reconsideration' and 'determination' have different legal effect
6. › District Court Act 1972 (NSW), s 142N
1. Practice and Procedure
2. › Remittal
3. › Whether remittal order dictates identity of judge on rehearing
4. › Whether Court of Appeal should specify which judge is to rehear matter

Quick Take

A remittal order using the word 'reconsideration' rather than 'determination' does not dictate that the matter must return to the original trial judge; the identity of the judge on remittal is a matter for the court below. The slip rule under UCPR r 36.17 does not apply where the order accurately reflects the court's intention and there is no clerical mistake or accidental error.