Catchwords:

COSTS – Application to vary costs order under Uniform Civil Procedure Rules (NSW), r 36.16 – where no notice of motion filed seeking such variation – where requirement to file notice of motion dispensed with pursuant to Civil Procedure Act 2005 (NSW), s 14 – where appellants seek an order that the respondents pay the appellants’ costs of the appeal proceedings on an ordinary basis up to 11 June 2024 and thereafter on an indemnity basis

COSTS – Where appellants successful on appeal – where prayers 1-4 in the appellants’ summons remitted to primary judge for determination – whether respondents should pay the appellants’ costs of the proceedings at first instance – whether appellants will be entitled to the whole of their costs of the proceedings at first instance – whether order as to costs of the proceedings at first instance premature