Where counsel inadvertently fails to inform an appellate court of an offer of compromise when a costs order is made, the slip rule will not permit amendment of the entered order to include indemnity costs if the entitlement to such costs involves contested questions of fact and law. The inherent jurisdiction to make supplemental orders does not extend to substituting indemnity costs for party and party costs, as this constitutes a variation rather than a supplement. However, the inherent jurisdiction does extend to specifying the applicable costs scale and certifying counsel's fees as supplemental to an existing costs order.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
5 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.