WATERSIDE WORKERS' FEDERATION OF AUSTRALIA v RONHER PTY LIMITED [1988] NSWCA 168

WATERSIDE WORKERS' FEDERATION OF AUSTRALIA v RONHER PTY LIMITED [1988] NSWCA 168

Section 6(1) of the Suitors' Fund Act 1951 does not require a demonstrated error of law by the trial judge for the grant of a certificate; the statute's beneficial purpose supports granting a certificate when an appeal succeeds on a question of law.

Parties
Claimant: Waterside Workers' Federation of Australia; Respondent: Ronher Pty Limited
Jurisdiction
Australia
Judgment Date
15 July 1988
Procedural Posture
Appeal / Post Appeal Motion
Outcome
Certificate granted under the Suitors' Fund Act 1951 in respect of the costs of the appeal; no order as to costs of the motion.
Legal Topics
Costs, Suitors' Fund Certificate, Judicial Discretion
Civil Procedure Costs Suitors' Fund Certificate Judicial Discretion

Case Brief

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Parties

Waterside Workers' Federation of Australia

Claimant

Ronher Pty Limited

Respondent

Procedural Posture

Appeal / Post Appeal Motion

Legal Issues

  1. 1 Entitlement to certificate under the Suitors' Fund Act 1951 when appeal succeeds on a question of law
  2. 2 Whether section 6(1) requires proof of error by the trial judge for certificate to issue
  3. 3 Nature of court's discretion under section 6(1) of the Suitors' Fund Act 1951

Ratio Decidendi

Section 6(1) of the Suitors' Fund Act 1951 does not require a demonstrated error of law by the trial judge for the grant of a certificate; the statute's beneficial purpose supports granting a certificate when an appeal succeeds on a question of law.

Court Disposition

Certificate granted under the Suitors' Fund Act 1951 in respect of the costs of the appeal; no order as to costs of the motion.

Orders

  • The claimant be granted a certificate under the Suitors' Fund Act 1951 in respect of the costs of the appeal.
  • No order as to the costs of the motion.