Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jingalong Pty Limited v Todd [2016] NSWCA 131 Hearing dates: On the papers Decision date: 31 May 2016 Before: MEAGHER JA, LEEMING JA, SACKVILLE AJA Decision: 1. Amend Order 2 made on 12 February 2015 to include order 6 made by Kunc J on 10 April 2014. 2. Remit to the Equity Division the determination of the costs of the proceedings in the Equity Division. Catchwords: PRACTICE AND PROCEDURE – judgment – orders – error – correction – slip rule Legislation Cited: Uniform Civil Procedure Rules 2005, r 36.17 Cases Cited: Jingalong Pty Ltd v Todd [2015] NSWCA 7 Category: Consequential orders (other than Costs) Parties: Jingalong Pty Limited (Appellant) Gregory George Todd (First Respondent) Brett Pernice (Second Respondent) Representation: Counsel: RE Dubler SC / S Kanagaratnam (Appellant) D Brezniak (First Respondent) D Nagle (Second Respondent) Solicitors: AL Wunderlich & Co (Appellant) Johnston Tobin Solicitors (First Respondent) Hancock, Alldis & Roskov (Second Respondent) File Number(s): 2014/137752 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: Todd v Jingalong Pty Ltd [2014] NSWSC 362 Todd v Jingalong (No 2) [2014] NSWSC 440 Date of Decision: 10 April 2014 Before: Kunc J File Number(s): 2012/344643 [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.] Judgment 1. THE COURT: The Court delivered judgment in this appeal on 12 February 2015. [1] Orders 1-4 made by the Court were as follows: 1. Appeal allowed. 2. Set aside orders 1-5 and 7-9 made by Kunc J on 10 April 2014. 3. In lieu of the orders identified in Order 2, make the following order: Dismiss the Amended Statement of Claim filed on 18 February 2013. 4. Remit the Second Cross-Claim filed on 20 September 2013 to the Equity Division for further hearing in the light of these reasons for judgment. 1. The appellant filed a notice of motion on 30 March 2016 pursuant to the "slip rule" [2] seeking the following orders: "1. An Order that, in accordance with the intention of the Court of Appeal expressed at paragraph [109] of the Judgment of the Court of Appeal found at [2015] NSWCA 7, the question of the determination of costs of the Hearing at first instance before Kunc J be remitted to the Equity Division of the Supreme Court to be determined by White J. 2. An Order that, in accordance with the intention of the Court of Appeal expressed in Order 4, Order 2 made by the Court of Appeal be amended to refer also to Order 6 of the Judgment of Kunc J. 3. Such further or other order as the Court sees fit." 1. The respondents have not filed any submissions in opposition to the motion. 2. The orders made by the Court did contain the errors identified by the appellant. The errors should be corrected. The following orders should be made: 1. Amend Order 2 made on 12 February 2015 to include order 6 made by Kunc J on 10 April 2014. 2. Remit to the Equity Division the determination of the costs of the proceedings in the Equity Division. ********** Endnotes 1. Jingalong Pty Ltd v Todd [2015] NSWCA 7. 2. Uniform Civil Procedure Rules 2005, r 36.17. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 31 May 2016