RSPCA NSW (Inspector Milton) v Elliott (No 2) [2012] NSWSC 1016

RSPCA NSW (Inspector Milton) v Elliott (No 2) [2012] NSWSC 1016

No basis for a departure from the usual order as to costs was established; Ms Elliott is to bear the plaintiff's costs. Ms Elliott is entitled to a certificate under the Suitors' Fund Act 1951 as the appeal related to a question of law and no considerations exist to withhold the certificate.

Jurisdiction
Australia
Judgment Date
31 August 2012
Procedural Posture
Appeal / Costs Determination After Appeal Upheld
Outcome
Costs awarded to plaintiff; certificate granted to Ms Elliott under Suitors' Fund Act 1951.
Legal Topics
["suitors' Fund Act 1951 Certificate" 'usual Order as to Costs' 'test Case Criteria']
['procedure' 'costs'] ["suitors' Fund Act 1951 Certificate" 'usual Order as to Costs' 'test Case Criteria']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal Upheld

Legal Issues

  1. 1 ['Should the usual order as to costs be departed from?' 'Is the case properly characterised as a test case?' "Should a certificate under the Suitors' Fund Act 1951 be granted?"]

Ratio Decidendi

No basis for a departure from the usual order as to costs was established; Ms Elliott is to bear the plaintiff's costs. Ms Elliott is entitled to a certificate under the Suitors' Fund Act 1951 as the appeal related to a question of law and no considerations exist to withhold the certificate.

Court Disposition

Costs awarded to plaintiff; certificate granted to Ms Elliott under Suitors' Fund Act 1951.

Orders

  • ["Ms Elliott bear the plaintiff's costs, as agreed or assessed." "Ms Elliott is granted a certificate under the Suitors' Fund Act 1951."]