Paul McQuade KC (leading Susanna Connolly) represented the respondents, instructed by Mills Oakley Lawyers.
The proceeding concerned an application brought by the respondents to amend final orders so as to extend time for compliance with bankruptcy notice. The respondents contended that the failure to seek such relief in the substantive proceeding was an accidental slip or omission, enlivening r 39.05 of the Federal Court Rules 2011 (Cth) and the inherent jurisdiction of the Federal Court.
The Court held that the final orders reflected the intentions of the Court, and were not made from an error in the judgment or Orders arising from an accidental slip or omission.
The Court ultimately refused the application to vary the Court Orders and ordered that the respondents pay the costs of and incidental to the interlocutory application and the amended interlocutory application.
The judgment can be read by clicking here
