Kmart Australia Limited v Marmara (No 2)

Kmart Australia Limited sought to vary a costs order previously made by the Supreme Court of New South Wales. The application to vary the costs order was brought out of time.

The primary legal issue before the Court of Appeal was whether to grant leave to Kmart Australia Limited to bring its application to vary the costs order out of time, and if so, whether the application itself had merit.

The Court of Appeal found that the application to vary the costs order lacked merit. Consequently, the Court dismissed Kmart Australia Limited's notice of motion, ordering that it pay the costs of the application.