Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (No 2)

In *Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (No 2)*, the New South Wales Court of Appeal considered an application to vary a costs order. The dispute arose from distinct applications for leave to appeal against an earlier security for costs order and a third party costs order.

The Court was required to determine whether to vacate the previous costs order and, if so, how to reallocate the costs of the proceedings in the Court of Appeal. Specifically, the Court had to consider the costs incurred by Number One Cutting Service Pty Ltd in relation to the applications for leave to appeal and the costs incurred prior to a specific date.

The Court reasoned that the amended summons seeking leave to appeal should be dismissed. In relation to costs, the Court ordered that Florida Kitchens Pty Ltd and Mr Andre Elias were jointly and severally liable for one half of Number One Cutting Service Pty Ltd’s costs incurred from 7 May 2020 until and including 20 August 2020. Florida Kitchens Pty Ltd was ordered to pay the entirety of Number One Cutting Service Pty Ltd’s costs incurred prior to 7 May 2020.