Kmart Australia Limited v Marmara (No 2)

[2025] NSWCA 48

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Variation of costs order
4. › Application to vary final costs order after entry
5. › Whether notice of motion filed within 14 days
6. › Whether time may be extended
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.11, 36.16(3A), 36.16(3C)
1. Practice and Procedure
2. › Costs
3. › Offers of compromise
4. › Whether offer involved genuine compromise
5. › Offer discounting claim by $100.60 on judgment of $624,775.60
6. › Whether element of compromise absent
7. › Whether court should 'otherwise order'
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 20.26, 42.14, 51.47, 51.48
1. Practice and Procedure
2. › Costs
3. › Offers of compromise in Court of Appeal
4. › Whether offer made under District Court rules applicable to appeal
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.47, 51.48

Quick Take

An offer of compromise in Court of Appeal proceedings must be made under UCPR r 51.47 (not r 20.26), must involve a genuine element of compromise, and any application to vary a final costs order must be brought within 14 days of entry under r 36.16(3A), which time cannot be extended.