Summary
The Supreme Court set aside orders enlarging the land to be conveyed to flat purchasers through a note for speaking to the minutes. That procedure permitted correction of transcription or clerical errors, not substantive modification of the decree. The purchasers’ pleadings and decree supported conveyance of 1009.70 square metres, rather than the larger plot. The deemed conveyance was modified accordingly.
Issues
- Whether a note for speaking to the minutes could substantively enlarge the land-conveyance direction.
- Whether the purchasers could obtain conveyance exceeding the area supported by their pleadings and the trial decree in the defendants’ appeal.
Held
- A note for speaking to the minutes serves the limited purpose of correcting typographical, clerical or transcription errors arising through oversight. It is not equivalent to review or an application for substantive clarification or modification. The High Court exceeded that limited jurisdiction by adding directions enlarging the conveyance. (¶ 12)
- In dismissing the defendants’ appeal in this case, without a cross-appeal or cross-objection by the plaintiffs, the High Court could not enlarge the trial decree and place the appellants in a worse position. (¶ 12.1)
- The plaintiffs’ pleaded claim and the decree concerned land corresponding to building A-1, measuring 1009.70 square metres. References to the area of the larger plot did not establish entitlement to conveyance of that whole plot, and the figure of 2700 square metres lacked support. (¶¶ 12.2, 12.3, 12.4, 13.1)
- The impugned corrective orders and the larger deemed conveyance were set aside; the latter was modified to grant conveyance of 1009.70 square metres only. (¶¶ 14, 15)
Result
Appeals allowed and impugned High Court orders set aside. Deemed conveyance modified to 1009.70 square metres only. No costs; contempt petitions and pending interlocutory applications disposed of.