Milling v Hardie (No 2)

In *Milling v Hardie (No 2)*, the appellant sought to set aside a judgment and orders made by the primary judge. The dispute concerned the costs of proceedings at first instance and on appeal. The matter was heard by Beazley P, Macfarlan JA, and Sackville AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the judgment and orders of the primary judge, particularly concerning costs, should be set aside. This involved considering the court's power to vary or set aside its own judgments and orders, and the circumstances under which such an exercise of power would be appropriate, especially in relation to costs orders.

The Court of Appeal determined that there was no issue of principle that warranted setting aside the costs orders. Applying the principles governing the variation and setting aside of judgments and orders, the Court found no grounds to interfere with the original decision. Consequently, the Court ordered that the respondents pay the appellant's costs of the proceedings at first instance and on appeal.