ABC Insurance Pty Ltd v The Law Society of New South Wales

ABC Insurance Pty Ltd sought to vary a costs order made by the Court of Appeal of the Supreme Court of New South Wales. The Law Society of New South Wales was the respondent in the proceedings. ABC Insurance Pty Ltd had intervened in one set of proceedings and was the applicant in another, but its submissions were ultimately rejected by the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the costs order should be varied, specifically in relation to the costs of the appeal. The court was required to consider the general rule that orders for costs of an appeal should be sought in the submissions filed for the appeal itself, and to determine if any special circumstances existed that would justify a departure from this rule.

The court reasoned that the usual practice for seeking costs orders in appeals is well-established and that applications to vary such orders after the event are generally discouraged unless compelling reasons are demonstrated. The court found no special circumstances in the present case that warranted deviating from the standard procedure. Consequently, the court dismissed ABC Insurance Pty Ltd's application.