Gurnett v Macquarie Stevedoring Co Pty Ltd (No 2) [1956] HCA 29

Gurnett v Macquarie Stevedoring Co Pty Ltd (No 2) [1956] HCA 29

The power of the High Court, in exercising appellate jurisdiction under s. 37 of the Judiciary Act 1903-1955, does not extend to granting an indemnity certificate under s. 6 of the Suitors' Fund Act 1951 (N.S.W.) in respect of costs incurred in the Supreme Court of New South Wales, as this is a collateral, discretionary function committed solely to the State court by State law, not forming part of the judgment between the parties, and the High Court is not a court entitled to exercise that function.

Parties
Appellant; Plaintiff: Gurnett; Respondent; Defendant: The Macquarie Stevedoring Company Proprietary Limited; Intervener: Attorney-General for New South Wales
Jurisdiction
Australia
Judgment Date
15 June 1956
Procedural Posture
Application on Appeal / Post Judgment Application (for Indemnity Certificate) After High Court Allows Appeal and Remits for New Trial
Outcome
Application for indemnity certificate refused.
Legal Topics
Indemnity Certificates, Appellate Powers, Suitors' Fund Act 1951 (n.s.w.), Judiciary Act 1903 (cth) S 37
Appellate Procedure Costs Indemnity Certificates Appellate Powers Suitors' Fund Act 1951 (n.s.w.) Judiciary Act 1903 (cth) S 37

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Parties

Gurnett

Appellant; Plaintiff

The Macquarie Stevedoring Company Proprietary Limited

Respondent; Defendant

Attorney-General for New South Wales

Intervener

Procedural Posture

Application on Appeal / Post Judgment Application (for Indemnity Certificate) After High Court Allows Appeal and Remits for New Trial

Legal Issues

  1. 1 Whether the High Court can, under s. 37 of the Judiciary Act 1903-1955, grant an indemnity certificate pursuant to s. 6 of the Suitors' Fund Act 1951 (N.S.W.) with respect to costs incurred in the Supreme Court of New South Wales when allowing an appeal.

Ratio Decidendi

The power of the High Court, in exercising appellate jurisdiction under s. 37 of the Judiciary Act 1903-1955, does not extend to granting an indemnity certificate under s. 6 of the Suitors' Fund Act 1951 (N.S.W.) in respect of costs incurred in the Supreme Court of New South Wales, as this is a collateral, discretionary function committed solely to the State court by State law, not forming part of the judgment between the parties, and the High Court is not a court entitled to exercise that function.

Court Disposition

Application for indemnity certificate refused.

Orders

  • Application by respondent for indemnity certificate under s. 6 of the Suitors' Fund Act 1951 (N.S.W.) refused.