Enterprise ICT Pty Ltd v Pham (No 3)

[2019] NSWCA 138

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Amending, varying and setting aside
4. › Application for gross sum costs order
5. › Application made out of time
6. › Whether application to vary costs order could be entertained outside 14-day time limit
7. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Costs
3. › Gross sum costs order
4. › Whether application to vary existing costs order into gross sum order constitutes variation of order
5. › Whether unexplained delay fatal to application

Quick Take

An application for a gross sum costs order in substitution for an existing costs order constitutes a variation of that order and must be made within the 14-day time limit under UCPR r 36.16.