Re Nortex Pty Ltd (In Liq) [2003] NSWSC 1036

New South Wales Supreme Court

CITATION : Re Nortex Pty Ltd (In Liq) [2003] NSWSC 1036 HEARING DATE(S) : 21/10/03 JUDGMENT DATE : 12 November 2003

JURISDICTION: Equity Division Corporations List JUDGMENT OF : Young CJ in Eq DECISION : Interlocutory process dismissed with costs.

CATCHWORDS : PROCEDURE [487]- Slip rule- Scope of rule- Construction of order not covered- Rule not to apply where the amendment is a matter of controversy. LEGISLATION CITED : Supreme Court Rules, Part 20(10)(1) Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 CASES CITED : Symes v Commonwealth (1987) 89 FLR 356 R v Cripps [1984] QB 686 PARTIES : Kation Pty Limited and Peter Lawrence Lewis (Applicants) Lamru Pty Limited (Respondent) FILE NUMBER(S) : SC 3081/97 COUNSEL : N A Cotman SC and J T Johnson (Applicants) S J Motbey (Respondent) SOLICITORS : Kemp Strang (Applicants) Lyons & Lyons (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

YOUNG CJ in EQ

Wednesday 12 November 2003

3081/1997 - RE NORTEX PTY LTD (IN LIQ) JUDGMENT 1 HIS HONOUR: These proceedings have been on foot for many years and are still part heard before another judge of this Division now in their 72nd hearing day. 2 I dealt with a number of preliminary matter in these proceedings before the final hearing commenced. One such matter was a series of five separate questions which I was asked to answer and did so on 22 June 2001 with reasons. 3 The present interlocutory application filed by the applicants Kation Pty Ltd and Mr Lewis (whom I shall refer to as "Kation") is under the slip rule with respect to Question 5 answered on 22 June 2001. 4 The rule popularly called the "slip rule" is Part 20 (10)(1) of the Supreme Court Rules which reads as follows: "Where there is a clerical mistake, or an error arising from an accidental slip or omission, in a minute of a judgment or order, or in a certificate, the Court, on the application of any party or of its own motion, may, at any time, correct the mistake or error." 5 The question and answer were as follows: