Drummond and Rosen Pty Ltd v Easey (No 2)

In *Drummond and Rosen Pty Ltd v Easey (No 2)*, the New South Wales Court of Appeal considered an application to vary previous costs orders made in proceedings involving Drummond and Rosen Pty Ltd (the appellant), Easey (the plaintiff), and other defendants including owners and builders. The dispute concerned the recovery of costs and disbursements in the underlying litigation.

The primary legal issue before the Court of Appeal was the appropriate basis and allocation of costs, particularly in relation to indemnity costs and the enforceability of certain costs orders against specific parties. The Court was required to determine whether to vary existing orders concerning the payment of costs, including the application of indemnity costs from a specific date and the extent to which certain parties were liable for the costs of others.

The Court varied the original costs orders to reflect a more detailed allocation of liability and to introduce indemnity costs for certain parties from a specified date. Specifically, the Court ordered that costs awarded to the architects be on an indemnity basis from 20 June 2006 against the owners and builders. Further variations addressed the enforceability of costs orders, ensuring that the appellant could recover its costs from other defendants before recourse against the plaintiff. The Court also made specific orders regarding the costs of a Notice of Motion and dismissed another Notice of Motion as incompetent. Finally, the Court made detailed orders for the payment of interest on costs and disbursements by the owners and builders to the architects, calculated on an "Allowed Percentage" of the architects' actual costs paid.