Calandra v Murden (No 2) [2015] NSWCA 321
The certificate was refused because the litigation, including the Local Court hearing, appeal to the Supreme Court and further appeal to the Court of Appeal, was brought about by Mr Murden obtaining a judgment to which he was not entitled and then persuading the primary judge to adopt an erroneous submission. The appeal was therefore not allowed through no fault of Mr Murden.
- Jurisdiction
- Australia
- Judgment Date
- 20 October 2015
- Procedural Posture
- Application for Certificate Under Suitors' Fund Act 1951 (nsw) / On the Papers
- Outcome
- Application dismissed.
- Legal Topics
- ["suitors' Fund Act Certificate" 'costs Ordered on Appeal' 'setting Aside Judgment' 'judgment Entered Against Good Faith or Irregularly' 'uniform Civil Procedure Rules 2005 (nsw), R 36.15']
Case Brief
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Procedural Posture
Application for Certificate Under Suitors' Fund Act 1951 (nsw) / On the Papers
Legal Issues
- 1 ["Whether Mr Murden should be granted a certificate under the Suitors' Fund Act 1951 (NSW) in respect of costs ordered against him by the Court of Appeal."]
Ratio Decidendi
The certificate was refused because the litigation, including the Local Court hearing, appeal to the Supreme Court and further appeal to the Court of Appeal, was brought about by Mr Murden obtaining a judgment to which he was not entitled and then persuading the primary judge to adopt an erroneous submission. The appeal was therefore not allowed through no fault of Mr Murden.
Court Disposition
Application dismissed.
Orders
- ['The notice of motion filed 26 August 2015 must be dismissed.']
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