Australia, April 27 -- New South Wales Land and Environment Court issued text of the following judgement on March 28:
1. THE COURT: By notice of motion filed on 27 November 2024, the respondent (Ms Marmara) applies to vary the costs order made by this Court when it dismissed the appellant's (Kmart) appeal on 21 October 2024.
2. The basis for the application is an offer of compromise purportedly served under r 20.26 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) on behalf of Ms Marmara on 24 May 2024. The application has been determined on the papers, the parties having served written submissions on 16 and 19 December 2024.
3. The application should be refused, both because it was brought out of time and because it lacks merit.
4...