Donohoe v Albulario (No 2) [2025] NSWSC 34

Donohoe v Albulario (No 2) [2025] NSWSC 34

The defendants are entitled to a certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW) because the proceeding was an 'appeal' from the decision of a 'court' (the Appeal Panel of NCAT), and the defendants were unsuccessful on the appeal.

Parties
Plaintiff: Christopher Donohoe; First Defendant: Crisanto Albulario; Second Defendant: Ellen Albulario; Third Defendant: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
10 February 2025
Procedural Posture
Consequential Orders / Post Judgment (application for Certificate Under Suitors' Fund Act)
Outcome
Certificate granted to the first and second defendants under s 6(1) of the Suitors' Fund Act 1951 (NSW)
Legal Topics
Suitors' Fund Act Certificates, Definition of Court Under Costs Legislation, Nature of Appeal From Tribunal, Consequential Orders
Costs Administrative Law Suitors' Fund Act Certificates Definition of Court Under Costs Legislation Nature of Appeal From Tribunal Consequential Orders

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Parties

Christopher Donohoe

Plaintiff

Crisanto Albulario

First Defendant

Ellen Albulario

Second Defendant

NSW Civil and Administrative Tribunal

Third Defendant

Procedural Posture

Consequential Orders / Post Judgment (application for Certificate Under Suitors' Fund Act)

Legal Issues

  1. 1 Whether a proceeding in this Court is an 'appeal' under the Suitors' Fund Act 1951 (NSW)
  2. 2 Whether the Appeal Panel of NCAT is a 'court' under the Suitors' Fund Act 1951 (NSW)
  3. 3 Whether the applicants (defendants) were 'unsuccessful on the appeal' for the purposes of s 6(1)

Ratio Decidendi

The defendants are entitled to a certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW) because the proceeding was an 'appeal' from the decision of a 'court' (the Appeal Panel of NCAT), and the defendants were unsuccessful on the appeal.

Court Disposition

Certificate granted to the first and second defendants under s 6(1) of the Suitors' Fund Act 1951 (NSW)

Orders

  • Grant the first and second defendants a certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW)