Younger v Westpac Banking Corporation [2016] NSWSC 321

Younger v Westpac Banking Corporation [2016] NSWSC 321

There is no basis to exercise discretion to vary the consent orders approving costs, as all facts relied upon were within the knowledge of the parties at the time the orders were made and no substantive reason to revisit them has been advanced.

Parties
Plaintiff: Neil Younger; Defendant: Westpac Banking Corporation; Defendant: Asgard Wealth Solutions Ltd
Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Civil / Notice of Motion Seeking Variation of Costs Order
Outcome
Application to vary costs order dismissed.
Legal Topics
Variation of Costs Order, Judicial Discretion, Settlement Approval
Civil Procedure Variation of Costs Order Judicial Discretion Settlement Approval

Case Brief

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Parties

Neil Younger

Plaintiff

Westpac Banking Corporation

Defendant

Asgard Wealth Solutions Ltd

Defendant

Procedural Posture

Civil / Notice of Motion Seeking Variation of Costs Order

Legal Issues

  1. 1 Whether the court should exercise discretion to vary a prior costs order made by consent
  2. 2 Basis for varying costs order to indemnity basis

Ratio Decidendi

There is no basis to exercise discretion to vary the consent orders approving costs, as all facts relied upon were within the knowledge of the parties at the time the orders were made and no substantive reason to revisit them has been advanced.

Court Disposition

Application to vary costs order dismissed.

Orders

  • Order 2 of the Notice of Motion dated 13 November 2015 is dismissed.
  • Plaintiff to pay the defendants' costs of the Notice of Motion with respect to Order 2.