Anderson Stuart & Ors v Treleaven & 1 Ors [2000] NSWSC 536

Anderson Stuart & Ors v Treleaven & 1 Ors [2000] NSWSC 536

The requirements of s6 of the Suitors' Fund Act 1951 (NSW) were satisfied because the case stated from the Strata Titles Board was an appeal on a question of law to the Supreme Court, the Board had made final orders amounting to a decision, and the Board was a court for the purposes of the Act given its functions and legislative powers. There was no reason to exercise the discretion against the First Defendants, so they were entitled to a certificate.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Application Under S6 of the Suitors' Fund Act 1951 (nsw) for an Indemnity Certificate / By Written Submissions After a Successful Appeal From the Strata Titles Board
Outcome
The First Defendants were granted a certificate under s6 of the Suitors' Fund Act 1951 (NSW).
Legal Topics
["suitors' Fund Act Certificate" 'indemnity Certificate' 'appeal by Stated Case' "whether Tribunal Is a Court for Suitors' Fund Act Purposes" 'judicial Discretion']
['practice and Procedure' 'costs' 'administrative Law' 'strata Titles'] ["suitors' Fund Act Certificate" 'indemnity Certificate' 'appeal by Stated Case' "whether Tribunal Is a Court for Suitors' Fund Act Purposes" 'judicial Discretion']

Case Brief

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Procedural Posture

Application Under S6 of the Suitors' Fund Act 1951 (nsw) for an Indemnity Certificate / By Written Submissions After a Successful Appeal From the Strata Titles Board

Legal Issues

  1. 1 ["Whether there had been an appeal for the purposes of s6 of the Suitors' Fund Act 1951 (NSW)." 'Whether the appeal was against a decision.' "Whether the Strata Titles Board was a court for the purposes of s6 of the Suitors' Fund Act 1951 (NSW)." 'Whether the appeal to the Supreme Court was on a question of law or fact.' 'Whether the Court should exercise its discretion to grant an indemnity certificate.']

Ratio Decidendi

The requirements of s6 of the Suitors' Fund Act 1951 (NSW) were satisfied because the case stated from the Strata Titles Board was an appeal on a question of law to the Supreme Court, the Board had made final orders amounting to a decision, and the Board was a court for the purposes of the Act given its functions and legislative powers. There was no reason to exercise the discretion against the First Defendants, so they were entitled to a certificate.

Court Disposition

The First Defendants were granted a certificate under s6 of the Suitors' Fund Act 1951 (NSW).

Orders

  • ["The defendants Ian G and Andrea M Treleaven be granted a certificate under s6 of the Suitors' Fund Act 1951."]