Lastavec & Anor v Effective Security & Anor

[2022] QCA 218

Queensland 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. › Whether error in calculation of judgment sum constituted accidental slip or omission
6. › Whether proposed amendment was controversial
7. › Uniform Civil Procedure Rules 1999 (Qld), r 388
1. Practice and Procedure
2. › Judgments and orders
3. › Correction of judgments
4. › Inherent jurisdiction of court
5. › Power to correct error in judgment to reflect court's intention
1. Partnership
2. › Dissolution and winding up
3. › Distribution of profits and return of capital contributions
4. › Calculation of unreturned capital

Quick Take

A court of appeal may correct a mathematical error in its own judgment under the slip rule (UCPR r 388) or its inherent jurisdiction where the error involves a miscalculation based on unchallenged findings and no real difference of opinion can exist as to the fact of the error. The jurisdiction extends beyond the scope of r 388 to the court's inherent power to correct errors so that orders reflect the court's intention.