Papas v Grave (No 2)

In *Papas v Grave (No 2)*, the appellants sought to vary an order made by the Court on 23 September 2013 concerning costs. The dispute centred on the appropriate allocation of costs following a prior hearing and a subsequent motion filed by the appellants. The matter came before Basten and Emmett JJA and Sackville AJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to vary the existing costs order. Specifically, the Court had to determine the extent to which the appellants should be ordered to pay the respondents' costs, considering the timing of events and the filing of the appellants' motion. The Court also had to consider the implications of the Uniform Civil Procedure Rules 2005 regarding the entry, setting aside, and variation of judgments and orders, particularly the time limits prescribed for such applications.

The Court reasoned that the existing costs order should be varied to reflect the circumstances. It was noted that the appellants' motion filed on 30 September 2013 was to be dismissed. Consequently, the Court ordered that the appellants were to pay the respondents' costs in the Court of Appeal up to and including 29 May 2013, and that the appellants' motion filed on 30 September 2013 be otherwise dismissed. This outcome reflects a specific allocation of costs based on the proceedings before the Court.