Lambourne v Baker (No 2)

In *Lambourne v Baker (No 2)*, the New South Wales Court of Appeal considered an application to vary previous costs orders. The dispute arose from an appeal concerning orders made in the Equity Division of the Supreme Court.

The primary legal issue before the Court of Appeal was how to apportion costs following a partly successful appeal. Specifically, the court had to determine the appropriate order for the costs of the appeal itself and the costs of the proceedings in the Equity Division, given that the appellants had achieved some success on appeal but not entirely.

The Court of Appeal varied its previous orders to reflect the apportionment of costs. It ordered that the appellants pay 65% of the respondents' costs of the appeal, acknowledging the partial success of the appellants. The question of the costs of the proceedings in the Equity Division was remitted back to that division for determination. The court also set aside certain earlier orders and dismissed a further notice of motion.