Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Ors (No 2) [2004] NSWCA 337

Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Ors (No 2) [2004] NSWCA 337

The refusal of a stay by the Tribunal Chairperson was a 'decision of the Tribunal' and therefore a decision of a court for the purpose of s 6(1) of the Suitors' Fund Act 1951. The Commissioner's application for prohibition constituted an appeal against that decision. Thus, Mr Ellam is entitled to an indemnity certificate.

Parties
Claimant: Commissioner of Corrective Services; First Opponent (submitting): Government and Related Appeals Tribunal; Third Opponent: David Richard Ellam
Jurisdiction
Australia
Judgment Date
22 September 2004
Procedural Posture
Costs Application Related to Prior Proceedings for Prohibition / Post Judgment (costs Question on Written Submissions)
Outcome
Indemnity certificate granted to Mr Ellam (third opponent).
Legal Topics
Reasonable Apprehension of Bias, Suitors' Fund Act 1951, Indemnity Certificate, Tribunals as 'courts' for Cost Purposes
Administrative Law Costs Reasonable Apprehension of Bias Suitors' Fund Act 1951 Indemnity Certificate Tribunals as 'courts' for Cost Purposes

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Parties

Commissioner of Corrective Services

Claimant

Government and Related Appeals Tribunal

First Opponent (submitting)

David Richard Ellam

Third Opponent

Procedural Posture

Costs Application Related to Prior Proceedings for Prohibition / Post Judgment (costs Question on Written Submissions)

Legal Issues

  1. 1 Whether the refusal of a stay by the Tribunal Chairperson is a 'decision of a court' for purposes of Suitors' Fund Act 1951 s 6(1)
  2. 2 Whether an indemnity certificate should issue in these circumstances

Ratio Decidendi

The refusal of a stay by the Tribunal Chairperson was a 'decision of the Tribunal' and therefore a decision of a court for the purpose of s 6(1) of the Suitors' Fund Act 1951. The Commissioner's application for prohibition constituted an appeal against that decision. Thus, Mr Ellam is entitled to an indemnity certificate.

Court Disposition

Indemnity certificate granted to Mr Ellam (third opponent).

Orders

  • The third opponent is to be granted an indemnity certificate.