Coote v Kelly (No 2)

In *Coote v Kelly (No 2)*, the appellant sought to vary a costs order previously made by the Court. The respondent was the party against whom the variation was sought.

The central legal issue before the Court was whether the appellant had demonstrated a sufficient basis to justify a variation of the existing costs order. This required the Court to consider the principles governing the variation or setting aside of judgments and orders, including any relevant time limitations.

The Court found that no basis for a different order for costs had been demonstrated by the appellant. The Court applied the principles that govern the variation of orders, noting the limited grounds upon which such applications are typically granted and the importance of timely applications.

The appellant's notice of motion filed on 8 November 2013 was dismissed with costs.