Boele v Norsemeter

[2003] NSWCA 173

NEW SOUTH WALES COURT OF APPEAL

CITATION:      Boele v Norsemeter [2003]  NSWCA 173

FILE NUMBER(S):
40476/02

HEARING DATE(S):            25 June 2003

JUDGMENT DATE: 25/06/2003

PARTIES:
Pieter Boele
v
Norsemeter Holding AS

JUDGMENT OF:      Handley JA     

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S):        ED 50173/01

LOWER COURT JUDICIAL OFFICER:     Einstein J

COUNSEL:
Appellant: A W Street SC
Respondent: Dr A S Bell

SOLICITORS:
Appellant: Hogan Geikie Poole
Respondent: Gadens

CATCHWORDS:

LEGISLATION CITED:

DECISION:
Order (5) in the judgment of Handley, Beazley and Giles JJA dated 13 November 2002 is amended under SCR Pt 20 r 10(1) to read
That the respondent pay the appellant's costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40476/02

HANDLEY JA

25 June 2003

PIETER BOELE  v  NORSEMETER HOLDING AS

Judgment

1. HANDLEY JA:     On 13 November a Court comprising Beazley, Giles JJA and myself delivered judgment in this matter, allowed the appeal and pronounced five orders.  Order 5 read:

   “Appellant pay respondent’s costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified”.

2. As a result of the Court’s attention being directed recently to the form of this order, it became apparent that the order as pronounced was the result of an error arising from an accidental slip or omission within SCR Pt 20 r 10(1) and within the inherent jurisdiction of the Court to rectify its records to ensure that they correctly reflect the intention of the Court.

3. It is the proper case to amend the order and I will substitute in lieu of order 5 an order that the respondent pay the appellant’s costs of the application for leave to appeal and the appeal and have a certificate under the Suitors Fund Act if qualified.

4. Costs of the appearance this morning are not asked for and I will simply direct the amendment of the orders of the Court.

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LAST UPDATED:            01/07/2003