UAERJ Pty Ltd v Jupiters Ltd (No 2)

[2014] NSWCA 284

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Correction of orders
4. › Slip rule
5. › Order made under misconception of fact
6. › Whether order should be set aside
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying orders
4. › Time limits
5. › Application filed outside 14-day period
6. › Whether court has power to make orders sought
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)

Quick Take

The slip rule in UCPR r 36.17 may be invoked to set aside an order where the Court acted on a misconception of fact, such as misunderstanding the true character of the order being set aside. An application to vary or set aside orders filed outside the 14-day time limit in r 36.16(3A) will be dismissed where no slip or error attracts r 36.17.

Case Details

Citation[2014] NSWCA 284

CourtNSWCA

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on2

2014UAERJ Pty Ltd v Jupiters LtdNSWCA 213
2013Jupiters Ltd v UAERJ Pty LtdNSWSC 1469

Create free account

Already have an account? Sign in