Izzard v Dunbier Marine Products (NSW) Pty Ltd (No 2)

The New South Wales Court of Appeal, constituted by Basten, Macfarlan and Barrett JJA, considered an application by the plaintiff, Izzard, to vary costs orders previously made in the principal judgment concerning proceedings against Dunbier Marine Products (NSW) Pty Ltd.

The central legal issue before the Court was whether the existing costs orders, made on 10 May 2012, should be varied. This application arose after the delivery of the principal judgment and submissions were lodged subsequent to that date.

The Court determined that there was no issue of principle that warranted a variation of the costs orders. Consequently, the Court ordered that the costs orders made on 10 May 2012 should not be varied. Furthermore, no order was made as to the costs of the written submissions lodged after the principal judgment was delivered.