Wardle v Agricultural & Rural Finance Pty Ltd (No 3)

[2013] NSWCA 207

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Court of Appeal
3. › Reconstitution of appellate bench
4. › Retirement of member before determination of application
5. › Whether reconstituted bench has jurisdiction to hear slip rule application
6. › Whether slip rule application is a 'distinct matter'
7. › Supreme Court Act 1970 (NSW), ss 43, 44, 45AA(1)
1. Practice and Procedure
2. › Judgments and Orders
3. › Slip rule
4. › Correction of accidental slip or omission
5. › Whether omission of costs orders foreshadowed in reasons constitutes accidental omission
6. › Whether correction would have been made 'at once'
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Judgments and Orders
3. › Slip rule
4. › Costs orders at first instance
5. › Whether orders based on erroneous factual assumption correctable under slip rule
6. › Whether correction would have been made 'at once' or would have required argument

Quick Take

A reconstituted Court of Appeal bench has jurisdiction to hear and determine a slip rule application (UCPR r 36.17) where one member of the original bench has retired, because such an application constitutes a 'distinct matter' arising after the substantive appeal has been determined. The slip rule test — whether the correction would have been made 'at once' — is not satisfied where the proposed correction involves a factual matter that would have required argument rather than immediate correction.