ISAACS v CACHIA [1989] NSWCA 105

ISAACS v CACHIA [1989] NSWCA 105

Having succeeded on a question of law in the appeal and presented arguments responsibly, the claimants were entitled to the grant of a certificate under the Suitors' Fund Act 1951, the statutory prerequisites for the grant having been satisfied.

Parties
Claimant: Isaacs; Opponent: Cachia
Jurisdiction
Australia
Judgment Date
04 September 1989
Procedural Posture
Application for Certificate (costs) / Post Appeal Motion
Outcome
Certificate granted to claimants under the Suitors' Fund Act 1951 for the costs of the opponent's appeal. No order as to costs of the certificate application.
Legal Topics
Suitors' Fund Certificate, Taxation of Costs, Litigant in Person Costs, Discretion Under Suitors' Fund Act
Costs Civil Procedure Suitors' Fund Certificate Taxation of Costs Litigant in Person Costs Discretion Under Suitors' Fund Act

Case Brief

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Parties

Isaacs

Claimant

Cachia

Opponent

Procedural Posture

Application for Certificate (costs) / Post Appeal Motion

Legal Issues

  1. 1 Whether a certificate under the Suitors' Fund Act 1951 should be granted to the claimants in respect of the opponent's appeal costs
  2. 2 Whether a litigant opposing a certificate has standing to do so
  3. 3 Whether alleged 'irresponsible' arguments justify refusal of certificate

Ratio Decidendi

Having succeeded on a question of law in the appeal and presented arguments responsibly, the claimants were entitled to the grant of a certificate under the Suitors' Fund Act 1951, the statutory prerequisites for the grant having been satisfied.

Court Disposition

Certificate granted to claimants under the Suitors' Fund Act 1951 for the costs of the opponent's appeal. No order as to costs of the certificate application.

Orders

  • Certificate under the Suitors' Fund Act 1951 to claimants with respect to the costs of the opponent's appeal to this Court.
  • No order as to the costs of the application for the certificate.