Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd (No 2)

[2016] NSWCA 149

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Correction of judgments
4. › Slip rule
5. › Accidental omission to deal with application made during hearing
6. › Whether omission correctable under slip rule
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Appeals
3. › Restitution following successful appeal
4. › Power to order restitution
5. › Whether restitution follows as of course from quashing of orders below
6. › Supreme Court Act 1970 (NSW), s 75A
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.19, 51.54
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Whether 'usual rule' as to costs on slip rule applications
5. › Whether costs discretion fettered by usual rules
6. › Civil Procedure Act 2005 (NSW), s 98
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

The slip rule in UCPR r 36.17 extends to the Court's accidental omission to deal with an application made during the hearing, including an application for leave to amend a notice of cross-appeal seeking restitution. An order for restitution follows as of course from the quashing of orders below and is distinct from a damages claim. There is no 'usual rule' as to costs on slip rule applications; costs remain in the Court's discretion under UCPR r 42.1.