King v Brown (No 4) [2022] NSWSC 1402

Supreme Court New South Wales

Medium Neutral Citation: King v Brown (No 4) [2022] NSWSC 1402 Hearing dates: 13 October 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The judgment for CAD2,134,924 made on 2 September 2021 in orders 1, 4 and 7 be corrected by being reduced by CAD2,030,903.90 to CAD104,020.10, effective from the time that the orders were made. 2. There be no order as to the costs of the motion. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — Correction under slip rule —where proceeds of sales mistakenly not taken into account in original orders made — where error occurred as a result of inadvertence by legal representative — original orders corrected COSTS — no costs order pursued against legal representative — no order as to costs made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.17 Cases Cited: Brown v King [2022] NSWCA 75 King v Brown [2020] NSWSC 1010 King v Brown (No 2) [2021] NSWSC 1060 King v Brown (No 3) [2021] NSWSC 1116 L Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) (1982) 151 CLR 590; [1982] HCA 59 Category: Principal judgment Parties: Mr S King (Plaintiff) Mr G Brown (First Defendant) Mrs B Brown (Second Defendant) Riverpines Vineyard Pty Ltd CAN 093 689 804 (Receiver and Manager Appointed) (Third Defendant) Representation: Counsel: Mr P Newton (Plaintiff) Mr M Hazan (Plaintiff)