A costs order that includes the words 'unless a party is able to identify the basis for a different cost order' with liberty to apply is, on the majority view, a final order determining a claim for relief, and a party wishing to vary it must file a notice of motion within 14 days under UCPR r 36.16(3A) or seek dispensation under s 14 CPA.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
5 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.