Blake v Calcorp Pty Ltd [2018] NSWSC 1071

Blake v Calcorp Pty Ltd [2018] NSWSC 1071

Calcorp was not entitled to an order for payment from the Suitors' Fund because it did not identify the errors of law, those errors were made in the course of granting Calcorp's own application, and Calcorp's counsel expressly agreed with the basis of the Magistrate's reasoning.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Appeal / Decision on Application for Payment From Suitors' Fund Following Appeal
Outcome
Application for payment from Suitors' Fund refused
Legal Topics
["suitors' Fund Act" 'indemnity Certificate' 'summary Judgment' 'appeal Procedure']
['practice and Procedure'] ["suitors' Fund Act" 'indemnity Certificate' 'summary Judgment' 'appeal Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Decision on Application for Payment From Suitors' Fund Following Appeal

Legal Issues

  1. 1 ["Whether defendant is entitled to payment from the Suitors' Fund after summary judgment was set aside on appeal" "Requirements for an indemnity certificate under the Suitors' Fund Act"]

Ratio Decidendi

Calcorp was not entitled to an order for payment from the Suitors' Fund because it did not identify the errors of law, those errors were made in the course of granting Calcorp's own application, and Calcorp's counsel expressly agreed with the basis of the Magistrate's reasoning.

Court Disposition

Application for payment from Suitors' Fund refused

Orders

  • ["No order made under the Suitors' Fund Act"]