Marshall v Prescott (No 2) [2013] NSWCA 292

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marshall v Prescott (No 2) [2013] NSWCA 292 Hearing dates: On the papers Decision date: 04 September 2013 Before: McColl JA; Barrett JA; Ward JA Decision: 1. Set aside Order (4) made by Bellew J on 29 August 2012 and in lieu note that there is no order as to the costs of the claims for privilege determined by his Honour. 2. Order that the costs of the second, third and fourth respondents of and incidental to the appellants' application for leave to appeal against costs orders made by Bellew J on 29 August 2012 be paid by the appellants. 3. Note that there is otherwise no order as to costs in respect of the proceedings in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - review of costs order at first instance where appeal allowed in part - costs of appeal where appeal allowed in part only - no matter of principle Cases Cited: James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Marshall v Prescott [2013] NSWCA 152 Category: Consequential orders Parties: Margaret Lesley Marshall (First Appellant) Kim Neil Marshall (Second Appellant) Michael Prescott (First Respondent) GIO General Limited (Second Respondent) GIO Workers Compensation (NSW) Limited (Third Respondent) The Partners TurksLegal - (Fourth Respondent) Representation: Counsel: C J Bevan/E W Young (Appellants) D J Russell SC (Second, Third and Fourth Respondents) Solicitors: Turner Freeman Lawyers (Appellants TurksLegal (Second, Third and Fourth Respondents) File Number(s): CA 2012/287040 Decision under appeal Citation: [2012] NSWSC 992 Date of Decision: 2012-08-29 00:00:00 Before: Bellew J File Number(s): SC 2009/297404