Gennacker Pty Ltd v Bennett (No 2) [2015] NSWSC 1024

Gennacker Pty Ltd v Bennett (No 2) [2015] NSWSC 1024

Because the plaintiff succeeded and the Supreme Court costs regime was governed by s 98 of the Civil Procedure Act 2005 and UCPR r 42.1 rather than any discretionary Tribunal costs regime, and because there was no evidence justifying departure from the rule that costs follow the event, the 1st and 2nd defendants were ordered to pay the plaintiff's costs. They were also entitled to an indemnity certificate because the judicial review proceedings were in the nature of an appeal and the Tribunal was a court for the purposes of s 6(1) of the Suitors' Fund Act 1951.

Jurisdiction
Australia
Judgment Date
28 July 2015
Procedural Posture
Judicial Review of Determination of CTTT / Judgment on Costs After Successful Application for Judicial Review
Outcome
Defendants to pay plaintiff's costs. Indemnity certificate under Suitors' Fund Act granted.
Legal Topics
['costs Following the Event' 'judicial Review of Tribunal Determination' "indemnity Certificate Under Suitors' Fund Act"]
['costs' 'administrative Law'] ['costs Following the Event' 'judicial Review of Tribunal Determination' "indemnity Certificate Under Suitors' Fund Act"]

Case Brief

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Procedural Posture

Judicial Review of Determination of CTTT / Judgment on Costs After Successful Application for Judicial Review

Legal Issues

  1. 1 ["Whether the 1st and 2nd defendants should pay the plaintiff's costs of the proceedings." "Whether the 1st and 2nd defendants were entitled to an indemnity certificate under the Suitors' Fund Act 1951."]

Ratio Decidendi

Because the plaintiff succeeded and the Supreme Court costs regime was governed by s 98 of the Civil Procedure Act 2005 and UCPR r 42.1 rather than any discretionary Tribunal costs regime, and because there was no evidence justifying departure from the rule that costs follow the event, the 1st and 2nd defendants were ordered to pay the plaintiff's costs. They were also entitled to an indemnity certificate because the judicial review proceedings were in the nature of an appeal and the Tribunal was a court for the purposes of s 6(1) of the Suitors' Fund Act 1951.

Court Disposition

Defendants to pay plaintiff's costs. Indemnity certificate under Suitors' Fund Act granted.

Orders

  • ["The 1st and 2nd defendants pay the plaintiff's costs of these proceedings." "The 1st and 2nd defendants are granted an indemnity certificate under s 6 of the Suitors' Fund Act 1951."]