Gramotnev v Queensland University of Technology (No 2)

[2015] QCA 178

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Appeal practice and procedure
3. › Queensland
4. › Powers of court
5. › Orders set aside or varied
6. › Where order did not reflect court's intention
7. › Whether court should vary original orders
8. › Uniform Civil Procedure Rules 1999 (Qld), r 388, r 667(2)(d)
1. Practice and Procedure
2. › Costs
3. › Interlocutory proceedings
4. › Costs in the cause
5. › Mixed success on appeal
6. › No order as to costs

Quick Take

A judgment based on a plain misunderstanding of the factual position may be corrected under UCPR r 388(1)(b) and r 667(2)(d) where the order does not reflect the court's intention at the time it was made.