Rectification of clerical error upheld where tribunal corrected an accidental order entry without reopening the merits.

A tribunal may rectify an earlier order to correct an accidental clerical or typographical error under its rectification and inherent powers, but it cannot reopen the merits under the guise of correction. The tribunal found that the word "GRANTED" had been inserted inadvertently, as the pleadings, hearing notes and stakeholder minutes did not support approval of assignment or extinguishment of personal guarantees. The correction to "NOT GRANTED" was therefore treated as a permissible rectification, not a review. It also noted that a guarantor's liability remains unaffected by liquidation of the principal debtor. The challenge to the rectification failed.

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Issues: Whether the tribunal could correct the word "GRANTED" in the earlier order to "NOT GRANTED" as an inadvertent typographical error under its rectification and inherent powers, and whether such correction amounted to an impermissible review.

Analysis: The correction was sought on the basis that the earlier order inadvertently recorded a relief as granted although the pleadings, hearing notes, and stakeholder minutes showed no approval for assignment or extinguishment of personal guarantees. The tribunal found that the earlier insertion of "GRANTED" was an accidental slip and that the order merely required rectification of a clerical/typographical mistake. It also held that the power exercised was not review power but rectification power under the relevant tribunal rules, supported by inherent powers to prevent abuse of process and secure the ends of justice. The liability of a guarantor was also noted to remain unaffected by liquidation of the principal debtor.

Conclusion: The correction of the earlier order was valid, and it did not amount to a review; the challenge to the rectification therefore failed.

Final Conclusion: The appeal was dismissed, and the rectification order was upheld as a permissible correction of an inadvertent error rather than a substantive reconsideration of the earlier decision.

Ratio Decidendi: A tribunal may rectify an order to correct an accidental clerical or typographical error under its rectification and inherent powers, but it cannot reopen the merits of the decision under the guise of such correction.

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