[2020] NSWCA 280

Gordon v Lever (No 4)

Notice of Motion dated 22 November 2019 is dismissed with costs.

Catchwords

COSTS – whether costs to be ordered in relation to argument regarding application to vary costs order

[1]
THE COURT: The Court delivered judgment on the substantive appeal on 13 November 2019: Gordon v Lever (No 2) [2019] NSWCA 275. The Levers were ordered to pay the Gordons’ costs of the appeal.
[2]
Subsequent to delivery of judgment, the Gordons sought to vary this costs order by adding to the costs order in their favour the words “assessed on the ordinary basis up to 4 April 2019, and on an indemnity basis thereafter.” They did so by Notice of Motion dated 22 November 2019. Written submissions were received and considered by the Court. This resulted in this Court’s judgment in Gordon v Lever (No 3) [2020] NSWCA 44.
[3]
In that judgment, the Court concluded that it would not exercise its discretion to vary the costs order in the way sought by the Gordons: see at [4].
[4]
Subsequent to delivery of that judgment, the solicitors for the Lever interests have reminded the Court that the Levers sought an order for costs in relation to the Notice of Motion dated 22 November 2019. Costs ordinarily follow the event and there is no reason why that should not be so in the instant case.
[5]
Accordingly, the Court will order that the Notice of Motion dated 22 November 2019 is dismissed with costs.