Richards v Cornford (No 2)

The appeal concerned an application to vary an earlier costs order made by the Court of Appeal of New South Wales. The appellant, Richards, sought to amend an order that had directed the "respondents" to pay the appellant's costs of the appeal, to specify that only the "third respondent" was liable for those costs.

The central legal issue before the court was whether to vary the existing costs order to reflect a change in the parties' liability for costs, specifically to limit the costs order to the third respondent.

The Court of Appeal, comprising Allsop P and Basten JA, acceded to the application to vary the order. The court reasoned that the amendment was necessary to accurately reflect the parties' respective liabilities for the costs of the appeal. The court ordered that the original order of 10 May 2010 be varied by replacing the word "respondents" with the words "third respondent".

Consequently, the court ordered that the third respondent pay the appellant's costs of the appeal.