Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.3) [2018] NSWSC 1479

Supreme Court New South Wales

Medium Neutral Citation: Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.3) [2018] NSWSC 1479 Hearing dates: 31 July 2018, 2 August 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Withdraw the published decision of Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No. 2) [2018] NSWSC 462.

(2) Publish corrected version of decision, being Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.4) [2018] NSWSC 1489. Catchwords: CIVIL PROCEDURE – application for correction to earlier reasons pursuant to UCPR r 36.17 or in the Court's inherent jurisdiction – substantive matter inadvertently overlooked – slip rule may not apply – consideration of overriding purpose – discretion by the Court to withdraw reasons for the purpose of correction within inherent jurisdiction – correction of earlier reasons by withdrawal of earlier judgment and publication of new judgment Legislation Cited: Civil Procedure Act 2005 Government Information (Public Access) Act 2009 Surveillances Devices Act 2007 Uniform Civil Procedure Rules 2005 Cases Cited: ASIC v Sydney Investment House Equities Pty Ltd [2009] NSWSC 107 Chan v Acres (No.2) [2016] NSWSC 557 Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.2) [2018] NSWSC 462 Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.4) [2018] NSWSC 1489 Hunter Quarries Pty Ltd v State of NSW (Department of Trade and Investment) (No.2) [2014] NSWSC 1663 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Trevor Athol Gorman and Ian Alexander Dunn as Executors of the Estate of the Late Roy Judd (P) Christopher John McKnight (D1) Craig Andrew Channell (D2) Aaron Gammage (D3) State of NSW (D4) Representation: Counsel: M Kalyk (P) N H Newton (D1) J Michie (D2) C Simpson (D3) J Haski (D4)