Hagerty v Hills Central Pty Ltd (No 2)

In *Hagerty v Hills Central Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an application to vary an earlier costs order. The dispute arose from an appeal concerning the costs of proceedings in the primary court and the Court of Appeal itself, including the costs of a specific motion.

The Court was required to determine whether a separate hearing regarding costs orders, to which no challenge was made, constituted a separate event for the purposes of awarding costs. Additionally, the Court had to consider whether a special costs order was warranted in light of *Calderbank* correspondence. The Court also addressed an application to vary an order made after the expiry of the 14-day period prescribed by the rules for such applications.

The Court of Appeal held that the separate hearing as to costs orders was not a separate event for the purposes of costs. It found no basis for a special costs order. Furthermore, the Court determined that it lacked the power to extend the time for an application to vary an order made after the prescribed 14-day period, and therefore could not accede to the application.

The Court varied the order of 11 September 2018 to clarify that the respondent was to pay the appellants’ costs at first instance and in the Court of Appeal, with the exception of the costs of the respondent’s motion filed on 28 June 2018 (and amended on 4 July 2018), which were to be paid by the appellants. The appellants were ordered to pay the respondent’s costs of the notices of motion filed on 25 September and 2 October 2018.