DEPUTY COMMISSIONER OF TAXATION v MEREDITH (NO 2) [2008] NSWCA 133

DEPUTY COMMISSIONER OF TAXATION v MEREDITH (NO 2) [2008] NSWCA 133

The Court of Appeal had no power to entertain the motion to vary the costs order as filed by the respondent, as the application was made outside the 14-day period prescribed by r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW), and no statutory exception or inherent power to extend or revisit the order existed.

Parties
Claimant: Deputy Commissioner of Taxation; Opponent: Lynnette Anne Meredith
Jurisdiction
Australia
Judgment Date
10 June 2008
Procedural Posture
Appeal / Post Judgment Motion; Application to Vary Costs Order After Appeal Judgment
Outcome
Motion dismissed
Legal Topics
Entry of Judgment, Variation of Court Orders, Costs Orders, Uniform Civil Procedure Rules 2005 (nsw)
Civil Procedure Entry of Judgment Variation of Court Orders Costs Orders Uniform Civil Procedure Rules 2005 (nsw)

Case Brief

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Parties

Deputy Commissioner of Taxation

Claimant

Lynnette Anne Meredith

Opponent

Procedural Posture

Appeal / Post Judgment Motion; Application to Vary Costs Order After Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal has power to vary a costs order after judgment has been entered in light of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether the respondent's application to vary the costs order was brought within time as prescribed by the rules
  3. 3 Availability of statutory or inherent power to vary entered orders outside the 14-day period

Ratio Decidendi

The Court of Appeal had no power to entertain the motion to vary the costs order as filed by the respondent, as the application was made outside the 14-day period prescribed by r 36.16 of the Uniform Civil Procedure Rules 2005 (NSW), and no statutory exception or inherent power to extend or revisit the order existed.

Court Disposition

Motion dismissed

Orders

  • The respondent is to pay the Commissioner's costs of the motion.