Marshall v Carruthers; Marshall v Marshall

The case of *Marshall v Carruthers; Marshall v Marshall* concerned appeals from a decision of the Supreme Court of New South Wales regarding family provision and maintenance. The primary dispute involved claims made by the respondents against the estate of the deceased, and the appeals challenged the orders made by the primary judge in relation to these claims.

The Court of Appeal was required to determine whether the primary judge had erred in making certain orders for provision from the deceased's estate. A key issue was whether the success of the appeals on a point not clearly notified to the parties before trial should influence the award of costs.

The Court found that the primary judge had made errors in the assessment of the claims, leading to the appeals succeeding in part. In relation to costs, the Court acknowledged that a significant point of appeal had not been clearly foreshadowed before the trial. This led the Court to consider the appropriate allocation of costs, balancing the success of the appellants with the circumstances surrounding the conduct of the litigation.

The Court made orders allowing the appeals in part and varied the orders of the primary judge. The parties were directed to make submissions on the question of costs.