Herning v GWS Machinery Pty Ltd (No 2)

Herning (the applicant) brought proceedings against GWS Machinery Pty Ltd (the respondent) in the Court of Appeal of New South Wales. The dispute concerned the costs awarded in earlier proceedings between the parties. The applicant sought a variation of the costs orders made by the primary judge.

The primary legal issue before the Court of Appeal was whether the costs orders made by the primary judge should be varied. This involved considering whether the applicant had established grounds for such a variation, particularly in light of the orders made on 15 August 2005.

The Court of Appeal refused to vary the costs orders. The judges determined that no sufficient reason had been advanced to justify altering the original costs determination. Consequently, the court ordered that each party was to bear its own further costs incurred after the date of the original judgment, 15 August 2005.