Aslan v Stepanoski (No 2)

Aslan (the applicant) sought special costs orders against Stepanoski (the respondent) in the New South Wales Court of Appeal. The application was made after the Court had delivered its judgment on the substantive appeal.

The central legal issue before the Court was whether it should grant an application for special costs orders made pursuant to rule 36.16(3A) of the *Uniform Civil Procedure Rules 2005* (NSW) after the delivery of judgment. This rule permits the Court to make orders for costs, including special costs orders, after judgment has been given.

The Court considered the principle of finality in litigation, which generally favours the refusal of belated applications for costs. While acknowledging that rule 36.16(3A) allows for such applications, the Court found that the applicant had not demonstrated sufficient grounds to depart from the usual practice of determining costs at the time of judgment. The applicant's failure to provide a compelling reason for the delay in making the application weighed against its success.

The notice of motion seeking special costs orders was dismissed, and the applicant was ordered to pay the respondent's costs.