Wood v State of New South Wales (2)

In *Wood v State of New South Wales (2)*, the Court of Appeal of New South Wales considered an application for costs following a dispute between the claimant and the State of New South Wales. The matter involved a belated motion and an application for an extension of time, with the court needing to determine the appropriate orders regarding costs.

The primary legal issues before the court were whether to rescind a previous order, reserve the costs of a specific notice of motion for determination by the trial judge, and order the claimant to pay the opponents' costs of another notice of motion filed in the Court of Appeal. The court was also implicitly asked to consider the reasons for delay and the reliance on a *Calderbank* letter in the context of the costs applications.

The Court of Appeal rescinded a prior order and, in lieu, ordered that the orders of Gamble ADCJ made on 4 July 2003 be set aside. Furthermore, the court ordered that the costs of the claimant's Notice of Motion filed on 6 February 2002 be reserved for determination by the trial judge at the conclusion of the proceedings in the District Court. Finally, the claimant was ordered to pay the opponents' costs of the Notice of Motion filed in the Court of Appeal on 24 May 2004.