Boensch v Transport for NSW (No 2) [2024] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boensch v Transport for NSW (No 2) [2024] NSWCA 165 Hearing dates: On the papers Date of orders: 10 July 2024 Decision date: 10 July 2024 Before: Meagher JA; Payne JA; Basten AJA Decision: 1. Dismiss the notice of motion filed on 14 June 2024. 2. Make no order as to the costs of the motion. Catchwords: JUDGMENTS AND ORDERS — Amending, varying and setting aside — Orders for costs of appeal and underlying proceedings — Where notice of motion not filed within 14 days of judgment being entered but notice given to Court and parties of that application — Whether Court can dispense with requirement to file and serve notice of motion — No basis to vary costs order Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Uniform Civil Procedure Rules 2005 (NSW), rr 18.2, 36.16 Cases Cited: Boensch v Transport for NSW [2024] NSWCA 119 Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin (No 2) [2021] NSWCA 98 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Category: Consequential orders Parties: Franz Boensch (Applicant) Transport for NSW (First Respondent) Registrar General of New South Wales (Second Respondent) Representation: Counsel: Applicant (unrepresented) A Shearer SC / S Murray (First Respondent) L A Walsh (Second Respondent)

Solicitors: Holding Redlich (First Respondent) Office of the Registrar General, Department of Customer Service (Second Respondent) File Number(s): 2023/276701 Publication restriction: Nil Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 3 Citation: [2023] NSWLEC 82 Date of Decision: 28 July 2023 Before: Robson J File Number(s): 2022/252749