Read the full judgment text of FCMC 011056/2005 on BabelCite. This Family Court judgment was delivered on 19 November 2009 before Her Honour Judge Sharon D. Melloy.
Matrimonial causes – consent order – amendment – slip rule – clerical mistake – rectification – maintenance – true bargain – Thomas Bate test – District Court – FCMC 11056/2005 – Application by wife to amend consent order regarding periodical payments duration – Court held mistake made by solicitor's employee – True bargain was maintenance until wife's remarriage – Thomas Bate test satisfied as husband aware of mistake and did not draw attention – Order amended in terms of inter partes summons – Respondent to pay costs.
Legal issues: Power to amend consent order · Rectification based on true bargain
Outcome: Order amended; Respondent to pay Petitioner's costs.
Cited by 5 cases