Orix Australia Corporation Limited v Moody Kiddell and Partners Pty Limited (No 2)
Case
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[2006] NSWCA 301
•7 November 2006
Details
AGLC
Case
Decision Date
Orix Australia Corporation Limited v Moody Kiddell and Partners Pty Limited (No 2) [2006] NSWCA 301
[2006] NSWCA 301
7 November 2006
CaseChat Overview and Summary
The parties involved were Orix Australia Corporation Limited (Orix) and Moody Kiddell and Partners Pty Limited (Moody Kiddell). The dispute concerned an application by Moody Kiddell to vary a costs order previously made by the Court of Appeal of the Supreme Court of New South Wales.
The primary legal issue before the court was whether Moody Kiddell had established sufficient grounds to warrant a variation of the costs order that had been made on 26 September 2006. This involved considering whether there had been any material change in circumstances or any error in the original costs determination that would justify revisiting the decision.
The court dismissed Moody Kiddell's application. The reasoning for this decision was not detailed in the provided text, but the outcome indicates that Moody Kiddell failed to persuade the court that the original costs order should be altered. Consequently, the court confirmed that there would be no variation to the costs order previously made.
The primary legal issue before the court was whether Moody Kiddell had established sufficient grounds to warrant a variation of the costs order that had been made on 26 September 2006. This involved considering whether there had been any material change in circumstances or any error in the original costs determination that would justify revisiting the decision.
The court dismissed Moody Kiddell's application. The reasoning for this decision was not detailed in the provided text, but the outcome indicates that Moody Kiddell failed to persuade the court that the original costs order should be altered. Consequently, the court confirmed that there would be no variation to the costs order previously made.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Citations
Orix Australia Corporation Limited v Moody Kiddell and Partners Pty Limited (No 2) [2006] NSWCA 301
Most Recent Citation
Walker v Hamm (No 2) [2009] VSC 290
Cases Cited
6
Statutory Material Cited
0
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[2005] ACTCA 28
Herning v GWS Machinery Pty Ltd (No 2)
[2005] NSWCA 375
Cited Sections