Yule v Smith (No 2)

In *Yule v Smith (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the dismissal of a motion filed by the respondent. The appellant sought to vary previous orders made by the court.

The primary legal issue before the Court of Appeal was whether the respondent's motion, filed on 13 August 2010, should have been dismissed. The court was also required to determine the appropriate costs orders for both the dismissed motion and a subsequent motion filed by the respondent on 10 July 2012.

The Court of Appeal, applying Uniform Civil Procedure Rules 2005 r 36.16(1), varied the orders made on 27 June 2012. The court ordered that the respondent's motion filed on 13 August 2010 be dismissed and that the respondent pay the appellant's costs of that motion. Furthermore, the respondent was ordered to pay the appellant's costs of her motion filed on 10 July 2012.