Coastwide Fabrication & Erection Pty Ltd v Honeysett (No.2) [2009] NSWCA 291

Coastwide Fabrication & Erection Pty Ltd v Honeysett (No.2) [2009] NSWCA 291

The application to vary the costs order was made outside both the time reserved by the court and the 14-day window contemplated by UCPR r 36.16, and was not supported by any express statutory power to vary the order; accordingly, the court had no power to grant the application.

Parties
Appellant: Coastwide Fabrication & Erection Pty Ltd; First Respondent: Allan James Honeysett; Second Respondent: Blue Circle Southern Cement Limited
Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Civil Appeal / Costs Determination Following Judgment
Outcome
Application dismissed with costs.
Legal Topics
Costs, Variation of Costs Order, Application Out of Time
Civil Procedure Costs Variation of Costs Order Application Out of Time

Case Brief

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Parties

Coastwide Fabrication & Erection Pty Ltd

Appellant

Allan James Honeysett

First Respondent

Blue Circle Southern Cement Limited

Second Respondent

Procedural Posture

Civil Appeal / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether the court has power to vary a costs order on an application made outside the time reserved for leave to make such application.

Ratio Decidendi

The application to vary the costs order was made outside both the time reserved by the court and the 14-day window contemplated by UCPR r 36.16, and was not supported by any express statutory power to vary the order; accordingly, the court had no power to grant the application.

Court Disposition

Application dismissed with costs.

Orders

  • The appellant's application to vary the costs orders made below be dismissed with costs.