Whall v Stamp (No 2) [2019] NSWCA 284

Whall v Stamp (No 2) [2019] NSWCA 284

The costs order made by the Court of Appeal was not interlocutory, r 42.7 did not apply, so the order was immediately enforceable. The application to vary the costs order was incompetent as it was filed outside the 14-day period. A Suitors' Fund certificate could properly be granted, and was granted in favour of Mrs Stamp.

Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Appeal / Post Judgment Motion in Court of Appeal
Outcome
Motion dismissed in substantial part; Suitors' Fund certificate granted; costs of motion to be paid by Mrs Stamp.
Legal Topics
['costs' 'appeals' "suitors' Fund Certificate" 'enforcement of Costs Orders' 'variation of Judgment Orders']
['civil Procedure'] ['costs' 'appeals' "suitors' Fund Certificate" 'enforcement of Costs Orders' 'variation of Judgment Orders']

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Procedural Posture

Appeal / Post Judgment Motion in Court of Appeal

Legal Issues

  1. 1 ['Whether costs order made by the Court of Appeal is enforceable forthwith or only after conclusion of Equity Division proceedings' 'Whether variation of costs order competent out of time' "Whether Suitors' Fund certificate should be granted"]

Ratio Decidendi

The costs order made by the Court of Appeal was not interlocutory, r 42.7 did not apply, so the order was immediately enforceable. The application to vary the costs order was incompetent as it was filed outside the 14-day period. A Suitors' Fund certificate could properly be granted, and was granted in favour of Mrs Stamp.

Court Disposition

Motion dismissed in substantial part; Suitors' Fund certificate granted; costs of motion to be paid by Mrs Stamp.

Orders

  • ['Refuse proposed orders 1-3 in the notice of motion filed 18 October 2019.' "Grant Mrs Stamp a certificate under s 6 of the Suitors' Fund Act 1951 (NSW) in respect of Court of Appeal Proceedings No. 2019/21362, other than the costs of the motion." "Otherwise dismiss Mrs Stamp's notice of motion filed 18 October...