Hunt Leather Pty Ltd v Transport for NSW [No 2]Hunt Leather Pty Ltd v Transport for NSW [No 2]Citation:[2026] HCA 4Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:11 Mar 2026Case Number:S20/2025 , S21/2025Read more
The Court held that the error or omission regarding the remittal of the costs issue was obvious and that it was in the interests of justice to exercise the discretionary power to recall and amend the orders.
Source-derived case information.
- Parties
- Applicant: Hunt Leather Pty Ltd; Respondent: Transport for NSW
- Jurisdiction
- Australia
- Judgment Date
- 11 March 2026
- Procedural Posture
- Civil Appeal / Application to Recall and Amend Orders
- Outcome
- Application to recall and amend orders allowed
- Legal Topics
- Judgments and Orders, Correction of Errors, Discretionary Powers
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hunt Leather Pty Ltd
Applicant
Transport for NSW
Respondent
Procedural Posture
Civil Appeal / Application to Recall and Amend Orders
Legal Issues
- 1 Whether the Court should exercise its discretionary power to recall and amend orders to correct an obvious error or omission regarding remittal of the costs issue
Ratio Decidendi
The Court held that the error or omission regarding the remittal of the costs issue was obvious and that it was in the interests of justice to exercise the discretionary power to recall and amend the orders.
Court Disposition
Application to recall and amend orders allowed
Orders
- Orders recalled and amended to provide for remittal of the costs issue
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 11 March 2026 Case number S20/2025 S21/2025 Before Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJ Catchwords Practice and procedure – Judgments and orders – Application to recall and amend orders – Where party did not seek orders for remittal of costs issue in notice of appeal – Where party maintained remittal sought in written submissions – Where justification for remittal overlooked – Where error or omission obvious – Whether discretionary power to correct error or omission should be exercised. Words and phrases – "accidental slip or omission", "applications to recall and amend orders", "discretionary power to correct an error or omission", "error or omission is plain or obvious", "incidental and necessary to the exercise of jurisdiction", "interests of justice", "no relevant disadvantage", "recall and amend orders", "source of power". High Court Rules 2004 (Cth), r 3.01.2. Files Hunt Leather Pty Ltd v Transport for NSW [No 2] (S20 & 21-2025) [2026] HCA 4.docx (59.5 KB) Hunt Leather Pty Ltd v Transport for NSW [No 2] (S20 & 21-2025) [2026] HCA 4.pdf (176.78 KB)