Richards v Cornford (No 2)

ALLSOP P and BASTEN JA: On 10 May 2010, the Court made orders and published reasons in this appeal: [2010] NSWCA 99. The order for costs which was made was that the respondents pay the appellant’s costs of the appeal. This was in accordance with how the written submissions had been framed. However, the first and second respondents had not taken any active part in the appeal. The parties are agreed that the party responsible for the appellant’s costs is the third respondent (QBE). Therefore, by consent, the orders of the Court made on 10 May 2010 will be amended under the Supreme Court Act 1970 (NSW), s 46(1)(a) as follows: Order that order 3 made on 10 May 2010 be varied by replacing the word “respondents” with the words “third respondent” such that order (3) made on 10 May 2010 and varied today will now read: “Order that the third respondent pay the appellant’s costs of the appeal.”