One T Development Pty Ltd v Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (No 2)

One T Development Pty Ltd sought to vary a costs order made by the Court of Appeal of New South Wales on 2 June 2023, which concerned proceedings brought by Peter Krejci, in his capacity as liquidator of ENA Development Pty Ltd. The application to vary the costs order was heard by Ward P, Leeming and Mitchelmore JJA.

The central legal issue before the Court of Appeal was whether there was a sufficient basis to vary the costs order previously made. The applicant, One T Development Pty Ltd, was required to demonstrate grounds for such a variation.

The Court of Appeal found that no basis for variation had been made out by the applicant. The judges applied the established principles governing applications to vary costs orders, which typically require demonstrating a material error or a significant change in circumstances not previously before the court. As these grounds were not established, the application failed.

Consequently, the Court of Appeal refused the application to vary order 1 made on 2 June 2023.