Kowalczuk v Accom Finance (No 2)

In *Kowalczuk v Accom Finance (No 2)*, the applicants sought to amend orders made on 10 December 2008, which were intended to be consent orders under section 46 of the *Supreme Court Act 1970* (NSW). The dispute arose from the respondent's failure to comply with directions to determine the amounts of interest payable. The applicants also sought the removal of a caveat, raising questions about the appropriate procedure for such an application, particularly in circumstances where the respondent's solicitor had ceased acting and whether orders could be made without the respondent's notice or consent. The matter was heard by Hodgson JA, McColl JA, and Campbell JA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the existing orders should be amended, and if so, whether such an amendment should be made by a single judge or the Full Court. Additionally, the Court had to determine the proper procedure for the removal of the caveat, specifically considering whether it could be effected without notice to or the consent of the respondent.

The Court of Appeal varied the orders made on 10 December 2008. While the specific reasoning for the variation and the outcome regarding the caveat are not detailed in the provided text, the decision indicates that the Court addressed the procedural complexities arising from the respondent's non-compliance and the change in their legal representation. The variation of the orders suggests that the Court found grounds to alter the original terms, likely in response to the ongoing dispute and the need to progress the matter.