Ranclose Investments Pty Ltd v Leda Management Services Pty Ltd (No 2)

Ranclose Investments Pty Ltd (the applicant) sought to vary a costs order previously made by the Court of Appeal of the Supreme Court of New South Wales. The dispute concerned whether the applicant had established a sufficient basis to justify a variation of the existing costs order, which had been addressed in submissions made during the appeal.

The primary legal issue before the court was whether the applicant had satisfied the requirements of rule 36.16(3A) of the Uniform Civil Procedure Rules 1999 (NSW) to warrant a variation of the costs order. This rule permits a court to vary an order if certain conditions are met, and the applicant contended that these conditions were satisfied in this instance.

The court considered the applicant's arguments and the relevant rule. It found that the applicant had not demonstrated that the circumstances warranted a variation of the costs order. Consequently, the court dismissed the notice of motion filed by the applicant. The applicant was ordered to pay the costs of the motion.