Onslow v Cullen (No 2) [2022] NSWSC 1363

Onslow v Cullen (No 2) [2022] NSWSC 1363

Although the defendants contributed to some errors made by the Local Court, they did not contribute to the failures to give reasons identified in ground 3(a) and (b), and their efficient conduct of the appeal in this Court supported the discretionary grant of a certificate under s 6(1)(a) of the Suitors' Fund Act 1951 (NSW).

Jurisdiction
Australia
Judgment Date
11 October 2022
Procedural Posture
Application for Indemnity Certificate Under the Suitors' Fund Act 1951 (nsw) Following Appeal / On the Papers After Principal Judgment
Outcome
Certificate granted.
Legal Topics
['party/party Costs' 'appeals' "suitors' Fund" 'indemnity Certificate']
['costs' 'civil Procedure'] ['party/party Costs' 'appeals' "suitors' Fund" 'indemnity Certificate']

Case Brief

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Procedural Posture

Application for Indemnity Certificate Under the Suitors' Fund Act 1951 (nsw) Following Appeal / On the Papers After Principal Judgment

Legal Issues

  1. 1 ["Whether the defendants should be granted an indemnity certificate under s 6(1)(a) of the Suitors' Fund Act 1951 (NSW) in respect of their costs of the proceedings in this Court." 'Whether the defendants, through their representatives, contributed to errors made by the Local Court on the grounds of appeal.' "Whether the defendants' conduct of the appeal supported the discretionary grant of a certificate."]

Ratio Decidendi

Although the defendants contributed to some errors made by the Local Court, they did not contribute to the failures to give reasons identified in ground 3(a) and (b), and their efficient conduct of the appeal in this Court supported the discretionary grant of a certificate under s 6(1)(a) of the Suitors' Fund Act 1951 (NSW).

Court Disposition

Certificate granted.

Orders

  • ["Grant a certificate under s 6(1)(a) of the Suitors' Fund Act 1951 (NSW) to the defendants in respect of their costs of the proceedings in this Court."]