Marshall v Fleming (No 2)

In *Marshall v Fleming (No 2)*, the Court of Appeal of New South Wales considered an application for leave to appeal and the appeal itself, following a decision by the primary judge. The dispute concerned costs.

The central legal issues before the Court of Appeal were whether leave to appeal should be granted on grounds that had been relied upon by the appellants in the court below, and whether it was necessary to deal with other grounds of appeal that had not been squarely raised before the primary judge.

The Court of Appeal determined that leave to appeal should be refused on the grounds that had been relied upon in the court below, as it was unnecessary to deal with the other grounds. The Court ordered that the respondents pay the appellants’ costs of the application for leave to appeal and the appeal. The respondents were also to have a certificate under the *Suitors’ Fund Act 1951* (NSW), provided they were eligible.