Lloyd-Jones v Allen (No 2) [2012] NSWCA 315

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lloyd-Jones v Allen (No 2) [2012] NSWCA 315 Hearing dates: On the papers Decision date: 28 September 2012 Before: Beazley JA at [1], McColl JA at [1], Nicholas J at [1] Decision: 1. Amend order 5(i) of the Court's orders entered on 1 August 2012 by adding the word "amended" prior to the words "statement of claim"; 2. Amend order 5(ii) of the Court's orders entered on 1 August 2012 by deleting the words "in the event the defendant fails to establish the defence of truth to the imputations pleaded in (a) and (c) of the amended statement of claim". [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - judgments and orders - application to amend orders - correction under slip rule - Uniform Civil Procedure Rules 2005, r 36.17 - no question of principle Legislation Cited: Defamation Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Newmont Yandal Operations Pty Ltd v J Aron Corp [2007] NSWCA 195; (2007) 70 NSWLR 411 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd (No 2) [2008] NSWCA 205 Sutherland v Stopes [1925] AC 47 Category: Consequential orders Parties: Laurel Lloyd-Jones - Appellant Anthony James Allen - Respondent Representation: Counsel: CA Evatt/R Rasmussen - Appellant BAM Connell/AR Power - Respondent Solicitors: Carters Law Firm - Appellant Andrew Warren & Associates - Respondent File Number(s): 2009/334582 Publication restriction: No Decision under appeal Date of Decision: 2011-05-09 00:00:00 Before: Colefax DCJ File Number(s): 2009/1549