NSW Caselaw
KELLOGG (AUSTRALIA) PTY LTD v PIZANIAS
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KIRBY P, PRIESTLEY and CLARKE JJA 10 April 1990, 4 May 1990 [1990] NSWCA 103
PRACTICE and PROCEDURE — slip rule — proper use and limits of — Compensation Court — Judge in pronouncing award refers to s11(2) Workers' Compensation Act — reference apparently erroneous as preceded by finding of total not partial incapacity — after appeal to Court of Appeal judge directs deletion of words 's11(2)' from reasons for judgment and that "award be similarly corrected" — appeal challenging power and propriety of so ordering — held: (1) The judge was empowered to so order by Pt2 r24(3) of the Compensation Court Rules; (2) The correction was a proper use of the "slip rule" and did not involve alteration of the order in the guise of clarification. R v Cripps; ex parte Muldoon [1984] 1 QB 686 (CA) distinguished; L Shaddock and Associates Pty Ltd; re Parramatta City Council [No 2] (1982) 151 CLR 590, 594 and Storey and Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 applied; (3) Nor was the use of the power inexpedient or inequitable because of the delay or any intervening event; (4) Appeal accordingly dismissed. WORKERS' COMPENSATION — award of Compensation Court correction — slip rule — proper use of discussed. Compensation Court Act 1984, s17(4), s31(1), s32(3) Workers' Compensation Act 1926, s11 Compensation Court Rules Pt2 r24
Kirby P I agree with Clarke JA.
Priestley JA I have read Clarke JA's reasons in draft form, and agree with them. For the reasons he gives the appeal should, in my opinion, be dismissed.
I wish to add a comment on a matter of practical importance. This court recently had to consider what materials it is legitimate to look at when, after the decision of civil litigation, it is later necessary to ascertain what was decided between the parties in a way thereafter legally binding on them: see RW Miller and Co Pty Ltd v Shortland County Council, Court of Appeal, unreported, 21 February 1990. It was said in that case that:
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