Boele v Norsemeter

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”.

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.

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.

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