Maxwell-Smith v Hall [No 2]

In *Maxwell-Smith v Hall [No 2]*, the applicants sought leave to appeal from orders made in the District Court on 20 April 2012, and further orders made on 31 August 2012, concerning the third respondent. The dispute involved an application for leave to appeal and the subsequent allowance of that appeal by consent.

The primary legal issue before the Court of Appeal was whether costs should follow the event, given that the respondent accepted the appeal should be allowed on a new ground, while the grounds raised by the appellant were rejected.

The Court of Appeal, comprising Basten JA and Tobias AJA, granted leave to the applicants to appeal in respect of orders 1-4. By consent, the appeal was allowed and those orders were set aside. In relation to the costs of the proceedings in the Court of Appeal as between the applicants and the third respondent, the Court made no order.