Boensch v Transport for NSW (No 2) [2024] NSWCA 165

Boensch v Transport for NSW (No 2) [2024] NSWCA 165

There is no basis to vary the existing costs order because Mr Boensch was unsuccessful on all issues, no unreasonable or unjustified conduct was found against the respondents, and the application was not supported by any authority for the relief sought. The notice of motion, although filed out of time, was not fatally defective but ultimately dismissed as the circumstances did not justify the orders sought.

Parties
Applicant: Franz Boensch; First Respondent: Transport for NSW; Second Respondent: Registrar General of New South Wales
Jurisdiction
Australia
Judgment Date
10 July 2024
Procedural Posture
Consequential Orders / Notice of Motion to Vary Costs Order After Appeal
Outcome
Notice of motion dismissed
Legal Topics
Amending Orders, Costs of Appeal, Time Limits for Variation of Orders
Civil Procedure Amending Orders Costs of Appeal Time Limits for Variation of Orders

Case Brief

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Parties

Franz Boensch

Applicant

Transport for NSW

First Respondent

Registrar General of New South Wales

Second Respondent

Procedural Posture

Consequential Orders / Notice of Motion to Vary Costs Order After Appeal

Legal Issues

  1. 1 Whether the notice of motion to vary the costs order was validly filed given the 14-day time limit
  2. 2 Whether the costs order made after dismissal of the appeal should be varied
  3. 3 Whether the Court should make other orders relating to underlying proceedings' costs

Ratio Decidendi

There is no basis to vary the existing costs order because Mr Boensch was unsuccessful on all issues, no unreasonable or unjustified conduct was found against the respondents, and the application was not supported by any authority for the relief sought. The notice of motion, although filed out of time, was not fatally defective but ultimately dismissed as the circumstances did not justify the orders sought.

Court Disposition

Notice of motion dismissed

Orders

  • Dismiss the notice of motion filed on 14 June 2024
  • Make no order as to the costs of the motion