NSW v Hollingsworth (No 2)

• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Amending, varying and setting aside
  4. › Court of Appeal
  5. › Application to vary orders under UCPR r 36.16(3A)
  6. › Whether notice of motion filed within 14 days
  7. › Whether amended notice of motion filed more than 14 days after orders entered
  8. › Power of court to entertain amended application
  9. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
  10. › Civil Procedure Act 2005 (NSW), ss 14, 64
• 1. Costs
  2. › Appeals
  3. › Application to vary costs order
  4. › UCPR r 36.16(3A)
  5. › Whether question of costs addressed in submissions on appeal
  6. › Whether basis for variation made out
• 1. Costs
  2. › Appeals
  3. › Suitors' Fund
  4. › Whether indemnity certificate should be granted
  5. › Where submissions by applicant had material role in errors by primary judge
  6. › Where applicant on appeal opposed setting aside orders of primary judge
  7. › Suitors' Fund Act 1951 (NSW), s 6
• 1. Practice and Procedure
  2. › Judgments and orders
  3. › Amending, varying and setting aside
  4. › Court of Appeal
  5. › Whether proper basis to make variations sought
  6. › Where matter litigated in District Court
  7. › Inappropriate for Court of Appeal to resolve case management issues

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