Loose Fit Pty Limited v Marshbaum (No 2)

In the matter of *Loose Fit Pty Limited v Marshbaum (No 2)*, the New South Wales Court of Appeal considered applications by the appellant, Loose Fit Pty Limited, to vary orders made on 30 November 2011 concerning costs. The dispute arose from earlier proceedings between Loose Fit Pty Limited and Marshbaum.

The Court was required to determine whether to vary the previous costs orders. Specifically, the appellant sought to alter the basis on which costs were to be paid and to adjust the proportion of trial costs payable by the appellant to the plaintiff. The Court also considered the costs of the motions themselves.

The Court ordered that the costs payable by the appellant pursuant to the order of 30 November 2011 be paid on the ordinary basis up to and including 13 May 2011, and on the indemnity basis thereafter until 30 November 2011. The appellant was also ordered to pay the costs of this motion. Furthermore, order (4) of 30 November 2011 was varied to include "and 50% of the costs of the trial payable by Loose Fit Pty Ltd to the plaintiff". There were no orders as to the costs of the second motion.