Read the full judgment text of DCCJ 1176/2015 on BabelCite. This District Court judgment was delivered on 6 July 2016 before Deputy District Judge Kenneth K H Lee.
Civil procedure – consent order – slip rule – functus officio – mistake – rectification – fresh action – jurisdiction – District Court – arithmetical error – overpayment – Whether court has jurisdiction to revisit perfected consent order under slip rule or mistake – Whether consent order evidences contract or mere non-objection – Whether fresh action required to set aside perfected consent order – Application refused due to lack of jurisdiction; leave to amend defence paragraph 7 granted; no order as to costs
Legal issues: Application of slip rule to consent order · Functus officio principle · Nature of consent order · Procedural route to challenge consent order · Discretion to rectify for mistake
Outcome: Application to rectify Judgment refused. Court lacks jurisdiction to amend perfected Consent Order in the same action.
Cites 3 cases