Dial D Pty Ltd as trustee for the Smith Street Unit Trust v Kingston Building (Australia) Pty Ltd (No 2)

Dial D Pty Ltd as trustee for the Smith Street Unit Trust (the appellant) appealed a decision of the primary judge against Kingston Building (Australia) Pty Ltd (the respondent). The dispute concerned an application to set aside or vary a judgment.

The appeal raised the issue of whether the primary judge erred in refusing to set aside or vary the judgment, and consequently, the appropriate orders for the costs of the appeal and the application to set aside the judgment.

The Court of Appeal found that both parties had achieved a measure of success on the appeal. Accordingly, the Court ordered that there be no order as to the costs of the appeal. However, the appellant was ordered to pay the respondent's costs of a specific Notice of Motion filed on 27 March 2013.