Recent Cases

Evans v Smith (No 2) [2025] NSWCA 139 (26 June 2025) (Ward P, Stern and Adamson JJA)


Catchwords:


JUDGMENTS AND ORDERS – amending, varying and setting aside – order sought under r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) to recall and replace order declaring scope of extended curtilage with a declaration extending the curtilage to enable vehicular access across appellants’ land – perceived misapprehension as to matters relating to vehicular access – application to vary costs orders

COSTS – party/party – application for variation of costs orders – application for indemnity costs of motion