J Aron Corporation v Newmont Yandal Operations [2006] NSWSC 849

Reported Decision : 202 FLR 359

New South Wales Supreme Court

CITATION : J Aron Corporation v Newmont Yandal Operations [2006] NSWSC 849

HEARING DATE(S) : 27/07/06

JUDGMENT DATE : 24 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : See paragraph 120 of judgment.

CATCHWORDS : PRACTICE & PROCEDURE – Judgments and orders – Setting aside – Plaintiffs made application to set aside order of Court entering judgment for defendant in proceedings 2407/04 – Application made because of contentions of defendant in related proceedings (4666/03) – Defendant contended that entry of judgment in proceedings 2407/04 afforded it defence in proceedings 4666/03 based on principles of res judicata, issue estoppel or Anshun estoppel – Jurisdiction of Court to set aside earlier judgment and orders – Where asserted consequences of earlier judgment does not reflect intention of Court – Inherent jurisdiction – Statutory jurisdiction under r 36.17 Uniform Civil Procedure Rules 2005 (NSW) ("slip rule") – Whether jurisdiction to set aside confined to ancillary or consequential orders – Whether denial of substance of defendant's estoppel-type defences precludes reliance by plaintiffs on slip rule – Whether jurisdiction to set aside available simply because the consequences of the judgment are contrary to judge's intention – Where plaintiffs claim alternative forms of relief in notice of motion – Whether failure by plaintiffs to precisely identify order which should be made to correct error precludes reliance by plaintiffs on slip rule – Whether plaintiffs' proposals to correct error relate to matter which was in issue or incidental to matter in issue – Whether Court should exercise discretion to set aside judgment – Order of Court entering judgment for defendant set aside – Declarations and stay ordered in lieu thereof.