Coshott v Woollahra Municipal Council [No.2]

The dispute in *Coshott v Woollahra Municipal Council [No.2]* concerned applications to vary a prior costs order made by the Court of Appeal of the Supreme Court of New South Wales. The parties involved were Coshott and Woollahra Municipal Council.

The primary legal issue before the court was whether the existing order for costs, made on 4 August 2008, should be varied. This question arose in circumstances where an appeal had been deemed incompetent and leave to appeal had been refused, with no question of principle identified.

The court dismissed the cross applications to vary the costs order. In reaching this decision, the court applied the principle that where an appeal is incompetent and no question of principle arises, there is generally no order as to costs. Consequently, the court made no order as to costs in relation to the applications to vary the previous order.