Abstract

Article

Setting Aside an Order

Rule 667(2)(d) of the Uniform Civil Procedure Rules 1999 provides that the Court may vary or set aside an order if the order does not reflect the Court’s intention at the time that the order was made, for example, an order that had been taken out but which did not require the unsuccessful respondent to repay the judgment sum. Commonwealth v McCormack (1984) 155 CLR 273.

 

Indemnity Costs against Insurer on Matter of Public Interest

If  the litigation involves a matter of serious principle and represents a test case on a matter of public interest of importance to the unsuccessful insurer, costs shoould be ordered on the indemnity basis: AAI Limited v Caffrey [2020] QCA 116.