A court may determine of its own motion under s 73(1) of the Civil Procedure Act 2005 (NSW), read with s 86(3), whether proceedings have been compromised or settled, provided procedural fairness is afforded. The power under s 73(1) should not be read down by implied constraints. Where the amount truly in dispute is small, leave to appeal will be refused on proportionality grounds under s 60.
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