Recent Cases

State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 (28 November 2023) (Mitchelmore and Stern JJA, Basten AJA)


Catchwords:


JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal – application to vary orders under UCPR, r 36.16(3A) – where notice of motion filed within 14 days – where amended notice of motion filed more than 14 days after orders entered – power of court to entertain amended application –power to amend motion only to the extent matters adequately notified within 14 day period

COSTS – application to vary costs order – UCPR, r 36.16(3A) – where question of costs addressed in submissions on appeal – no basis for variation made out

COSTS – appeals – Suitors’ Fund – where submissions by applicant had material role in errors by primary judge – where applicant on appeal opposed setting aside orders of primary judge – application for certificate refused

JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal – application to vary orders under UCPR, r 36.16(3A) – whether proper basis to make variations sought – where matter litigated in District Court – inappropriate for Court of Appeal to resolve case management issues – orders refused