Event and Time
Event Description
This case involves an application made by liquidators for a variation of a prior judgment under the slip rule. The initial judgment entailed the liquidators’ claim regarding costs associated with the liquidation of a corporate entity. The liquidators sought to amend the order to include GST and other amounts that were allegedly not accounted for in the previous ruling.
Application and Claims
- Liquidators' Application: Sought a variation of the primary judgment to include:
- GST that was not previously identified. - Additional sums claimed as owing.
- Respondent's View: Ms. Diboll did not oppose the GST adjustment but contested the claim for additional amounts.
Judicial Decisions
1. The application for variation under the slip rule by the liquidators is dismissed. 2. The liquidators are ordered to pay Ms. Diboll’s costs, amounting to $123,424.71 on an indemnity basis. 3. The costs are to be paid into the trust account of Farrar Gesini Dunn within 28 days.
Dispute Points and Legal Basis
Dispute Points
- Liquidators' Arguments:
- Asserted that the previous judgment failed to include amounts registered as “plus GST” during creditors’ meetings. - Claimed that their application aimed to correct an omission and to avoid injustice.
- Respondent's Arguments:
- Contested the adjustment for additional sums, stating that the liquidators did not pursue these amounts during the hearing. - Cited that the omission of GST was due to the liquidators’ failure rather than a slip in the judgment.