Wormald v Maradaca Pty Ltd

In *Wormald v Maradaca Pty Ltd*, the applicants sought a gross sum costs order from the Court of Appeal of New South Wales. This application followed an earlier unsuccessful attempt by the applicants to vary existing costs orders made in the proceedings.

The central legal issue before the Court was whether it should grant a gross sum costs order, notwithstanding that such an order had not been sought by the applicants when they previously applied to vary the original costs orders.

The Court of Appeal dismissed the application. Their Honours reasoned that the applicants had not demonstrated any sufficient reason to depart from the usual practice of awarding costs on an indemnity basis, particularly given that they had not sought a gross sum order at an earlier, more opportune time. The Court found no basis to grant the relief sought.

The notice of motion was dismissed with costs.