Dickson v Petrie (No 2)

The parties in this matter were the appellants/cross-respondents and the respondent/cross-appellant. The dispute concerned an application to vary costs orders previously made by the court. The application was heard by Stern and Ball JJA, and Griffiths AJA.

The primary legal issue before the court was whether a misapprehension on the part of the court warranted the variation of the existing costs orders, pursuant to rule 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW).

The court dismissed the notice of motion, finding that the threshold for varying the costs orders had not been met. The court ordered that the appellants/cross-respondents were to pay the respondent’s/cross-appellant’s costs of and incidental to the notice of motion.