Re Amazon Pest Control Pty Ltd (No 2) [2016] NSWSC 1590

Supreme Court New South Wales

Medium Neutral Citation: Re Amazon Pest Control Pty Ltd (No 2) [2016] NSWSC 1590 Hearing dates: In chambers on the papers Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Equity Before: Young AJ Decision: Amend order 1(a) to $1,069,125.73, order 1(b) to $488,916.48 and the last line of order 2 to "The final judgment sum is thus $1,558,042.21". Catchwords: PRACTICE & PROCEDURE – slip rule – application to reduce judgment sum because of mistake in calculation – defendant became bankrupt after judgment pronounced – whether jurisdiction to make the amendment

BANKRUPTCY – application to reduce judgment amount under slip rule – order made before bankruptcy – application under slip rule after bankruptcy – whether prohibited fresh step in proceeding – Bankruptcy Act 1966 (Cth) s 58(3) Legislation Cited: Bankruptcy Act 1966 (Cth) Cases Cited: ANZ Banking Group v Computer Plus [1992] 1 VR 607 Australian Broadcasting Commission v Industrial Court (SA) (1985) 159 CLR 536; [1985] HCA 71 Deighton v Cockle [1912] 1 KB 206 Doran v Isaacs (1912) 12 SR (NSW) 699 Category: Consequential orders (other than Costs) Parties: 2015/87126 Plaintiff: Edward Ted Lakis Defendant 1: Michael Victor Lardis Defendant 2: PestHelp Holdings Pty Ltd

2015/89913 Plaintiff: Michael Victor Lardis Defendant: Edward Ted Lakis Representation: Websters (for ET Lakis) David Leamey Solicitor & Barrister (for MV Lardis and PestHelp Holdings Pty Ltd) File Number(s): 2015/87126; 2015/89913