› Direction for parties to bring in proposed short minutes of order to give effect to the reasons for judgment
› Various sets of proposed orders
› Duty of practitioners to assist Court to present materials to the Court in a form which clearly identifies to the judge the orders that are agreed and a concise listing of the outstanding disputed issues.
Practice
› Sets of submissions provided by each of parties in evolving circumstances leading to refinement of some issues and abandonment of other issues
› Duty of practitioners to assist Court to clearly identify which submissions are ultimately relied upon without Court being left to task of attempting to identify whether there are remnants of matters still contended for in earlier submissions
Orders
› Inadvertent mistake by solicitor including reference to an individual party as being jointly liable to pay a costs order payable by a corporation
› No dispute that mistake inadvertent
› Order opposed by other parties who seeks nonetheless to make individual jointly liable
› Inadvertent mistake falls within the concept of the order being "irregularly" for purposes of r 36.15 Uniform Civil Procedure Rules 2005 (NSW)
› Order set aside
Practice
› cases of inadvertent mistake are quintessentially an occasion for parties and legal representatives to reflect upon their duties to the Court to assist the Court to further the overriding purpose of facilitating a just, quick and cheap resolution of the real issues in the proceedings
Case Details
Citation[2022] NSWSC 1283
CourtNSWSC
JurisdictionNew South Wales
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