Federal Court of Australia
Federal Court of Australia
Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd (No 2) [2022] FCA 427 File number: NSD 891 of 2019
Judgment of: MARKOVIC J
Date of judgment: 26 April 2022
Catchwords: PRACTICE AND PROCEDURE – application to set aside orders made by consent – where parties agreed to settle a dispute in relation to their costs of an appeal – whether a solicitor's clerical error, or 'slip', resulted in the accidental omission of certain language in the consent orders which made a material term ambiguous – where consent orders were not entered into under a mistake or misapprehension about a term – where the consent orders reflected the agreement that was reached between the parties – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 39.05(h)
Cases cited: Australian Securities and Investment Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Elyard Corp Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Huddersfield Banking Co Ltd v Henry Lister & Son Ltd [1895] 2 Ch 27 Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd [2020] FCAFC 47; 375 ALR 489 Trust Company (Nominees) Limited, in the matter of Angas Securities Limited v Angas Securities Limited (No 4) [2016] FCA 1240
Division: General Division
Registry: New South Wales
National Practice Area: Admiralty and Maritime
Number of paragraphs: 62
Date of hearing: 30 March 2022
Solicitor for the Appellant: Mr G P B Leather of Barringer Leather Lawyers
Solicitor for the Respondents: Ms M Dang of Metis Law
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