Marshall v Prescott (No 2)

In *Marshall v Prescott (No 2)*, the New South Wales Court of Appeal considered an application by the appellants for leave to appeal against costs orders made by Bellew J on 29 August 2012. The appeal itself had been allowed in part.

The primary legal issue before the Court of Appeal was the appropriate order for the costs of the appeal, particularly in circumstances where the appeal was only partially successful. A further issue concerned the costs of the claims for privilege determined at first instance.

The Court of Appeal noted that there was no matter of principle involved in the costs of the appeal. Consequently, the Court ordered that the costs of the second, third, and fourth respondents in relation to the application for leave to appeal be paid by the appellants. The Court also set aside the order of Bellew J regarding the costs of the privilege claims, ordering in lieu that there be no order as to those costs. Otherwise, there was no order as to the costs of the proceedings in the Court of Appeal.