Trad v Harbour Radio Pty Ltd

[2016] NSWCA 80

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Slip rule
4. › Correction of judgment or order
5. › Whether slip rule permits making of order inadvertently omitted
6. › Whether omission by party or court engages the rule
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17
1. Practice and Procedure
2. › Costs
3. › Orders for costs of trial
4. › Costs order set aside on appeal
5. › Remitter from High Court
6. › Failure to make costs order on remitter
7. › Whether new order can be made
1. Practice and Procedure
2. › Judgments and orders
3. › Judgment based on costs assessment certificate
4. › Whether certificate valid where underlying costs order set aside
5. › Whether certificate available for filing under subsequent identical costs order
6. › Legal Profession Act 2004 (NSW), ss 368, 373, 384
1. Practice and Procedure
2. › Judgments and orders
3. › Interpretation of orders
4. › Whether order for costs 'in this Court' encompassed costs of trial below

Quick Take

The slip rule (UCPR r 36.17) can be invoked to make a costs order that was inadvertently omitted when judgment was delivered on remitter, whether the inadvertence was that of the parties or the court. A costs assessment certificate obtained under a costs order that is subsequently set aside is not rendered a nullity; it remains valid and available for filing if a new costs order in identical terms is later made, without requiring reassessment.