Makeig v Derwent (No 2)

In *Makeig v Derwent (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the interpretation and application of an earlier order made in *Makeig v Derwent* [2000] NSWCA 136. The specific nature of the dispute between the parties, Makeig and Derwent, and the precise subject matter of the original orders were not detailed in the provided text, beyond the fact that the appeal sought variation of those prior orders.

The central legal issue before the Court of Appeal was whether the existing orders made in the previous proceeding were appropriate and should be maintained, or if they required modification in light of circumstances or arguments presented in the current appeal. This required the Court to re-examine the basis upon which the original orders were made and to assess whether any error had occurred or if changed circumstances warranted a different outcome.

The Court of Appeal, comprising Spigelman CJ, Mason P, and Heydon JA, ultimately determined that the original orders were not to stand in their entirety. The Court varied the orders previously made in *Makeig v Derwent* [2000] NSWCA 136, indicating a modification of the legal or practical effect of the earlier judgment.