Golden v V'landys (No 2)

In *Golden v V'landys (No 2)*, the New South Wales Court of Appeal considered an application to vary a costs order made in a prior appeal and the appropriate costs order for the trial where a number of issues were not ventilated on appeal. The appellant, Mr Golden, had sought to vary the costs order from the appeal, and the respondents, Mr V'landys and others, sought to recover their trial costs.

The Court was required to determine two principal issues. Firstly, whether the application to vary the costs order from the appeal was competent, particularly given it was made out of time. Secondly, the Court had to determine the appropriate costs order for the trial, considering that not all issues raised at trial were pursued on appeal.

The Court held that the motion to vary the costs order from the appeal was incompetent as it was made out of time and therefore dismissed. Regarding the trial costs, the Court reasoned that while the appeal was allowed in part, a significant number of issues from the trial had not been pursued on appeal. Consequently, the Court ordered that the respondents pay 40 per cent of the appellant’s costs of the trial, as agreed or assessed.