APFC No.1 Corporation v Insurance Australia Limited (No 2)

The case of APFC No.1 Corporation v Insurance Australia Limited (No 2) involved a dispute over a costs order. The parties, APFC No.1 Corporation and Insurance Australia Limited, were in litigation over an insurance claim. The primary matter was an application by APFC No.1 Corporation to vary a previous costs order. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the applicant had established a basis for varying the costs order, as required by UCPR rule 36.16(3A). The applicant needed to demonstrate that there had been a change in circumstances that was not reasonably foreseeable at the time of the original costs order. The court was required to determine whether the application met the threshold for a variation and whether the applicant had provided sufficient evidence to support the application.

The court, in its decision, carefully reviewed the application and the evidence presented. It found that the applicant had not demonstrated a change in circumstances that was not reasonably foreseeable at the time of the original costs order. The court held that the applicant had not made out the necessary basis for varying the costs order. Consequently, the application to vary the costs order was dismissed.

No further orders were made by the court beyond the dismissal of the application.