Marshall v Fleming (No 2) [2015] NSWCA 69

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marshall v Fleming (No 2) [2015] NSWCA 69 Hearing dates: On the papers Date of orders: 20 March 2014 Decision date: 26 March 2015 Before: Bathurst CJ at [1]; Beazley P at [9]; Meagher JA at [10] Decision: Order that the respondents pay the appellants' costs of the application for leave to appeal and the appeal. The respondents to have a certificate under the Suitors' Fund Act 1951 (NSW), if eligible. Catchwords: COSTS – where leave refused on grounds relied on by appellants in court below in circumstances where it was unnecessary to deal with other grounds – where matters not squarely raised before primary judge Cases Cited: Marshall v Fleming [2013] NSWSC 566 Marshall v Fleming [2014] NSWCA 64 Category: Costs Parties: Margaret Lesley Marshall (First Appellant) Kim Neil Marshall (Second Appellant) Francis G Fleming (First Respondent) Marc S Moller (Second Respondent) Steven R Pounian (Third Respondent) James P Kreindler (Fourth Respondent) David C Cook (Fifth Respondent) David Beekman (Sixth Respondent) Bianca I Rodriguez (Seventh Respondent) Noah H Kushlefsky (Eighth Respondent) Robert J Spragg (Ninth Respondent) Brian J Alexander (Tenth Respondent) Justin T Green (Eleventh Respondent) Representation: Counsel: C J Bevan / E W Young (Appellants) D F Villa (Respondents) Solicitors: Turner Freeman Lawyers (Appellants) Kennedys (Respondents) File Number(s): 2013/166332 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2013] NSWSC 566 Date of Decision: 17 May 2013 Before: Harrison J File Number(s): 2009/292939