Judge upholds settlement order, denies amendment in ownership dispute, grants access for business purposes pending trial.

The judge dismissed the application to vary an order that had been settled and approved by both parties' solicitors, emphasizing the importance of settling orders and raising objections promptly. The judge ruled that the order should not be amended, maintaining that the ownership and title dispute over the account books and documents should be preserved. The judge decided that the account books and documents would remain with the Receivers, allowing the defendant access for business purposes until the trial to protect both parties' interests. Costs were to be borne by the parties.

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Issues:
Application to vary an order after it has been passed by the Registrar.

Analysis:
The judgment by L.W.J. Costello, J. addresses the application to vary an order after it has been passed by the Registrar. The judge refers to the practice in England, where objections to settled orders must be intimated to the Registrar before moving the Court for variations. The judge acknowledges the Court's jurisdiction to correct its records if an order contains an adjudication not pronounced by the Court. The judge emphasizes the importance of parties settling orders and the risk of costs if objections are not raised during the settlement process.

The judge examines the circumstances of the case where the defendant seeks to delete a clause from the order related to account books and documents. The judge notes that the original order was settled by both parties' solicitors without objection to the clause in question. The defendant argues that the order does not reflect the intention of the Court's decision, as the account books were not discussed during the proceedings. However, the judge finds that the order, as settled and approved by the parties, should not be amended, considering the ownership and title dispute over the documents.

Regarding the possession of the account books and documents, the judge decides that they should remain with the Receivers, providing the defendant with access for business purposes until the trial. The judge emphasizes the need to preserve the disputed property and ensure both parties have access to protect their interests. The judge dismisses the application, stating that the defendant will not be significantly affected by the documents remaining with the Receivers until the trial. The judgment concludes with the decision to maintain the order as settled, passed, and entered, with costs to be borne by the parties.

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