Coastwide Fabrication & Erection Pty Ltd v Honeysett (No.2)

[2009] NSWCA 291

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Application to vary costs order
4. › Application made outside time reserved for leave to apply
5. › Whether court has power to grant application
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A), (3B)
1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying orders after entry
4. › No inherent power to vary entered orders
5. › 14-day window under UCPR r 36.16
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.11(2)(a), 36.16, 36.17

Quick Take

An application to vary or set aside orders of the Court of Appeal must be made within 14 days of entry under UCPR r 36.16(3A) and (3B), or within the scope of any reserved liberty to apply. There is no inherent power to vary entered orders, and an application outside both the reserved leave and the 14-day statutory window will be dismissed for want of power.