RURAL & GENERAL INSURANCE LIMITED v FAIR TRADING TRIBUNAL OF NSW & ANOR [2004] NSWSC 396

RURAL & GENERAL INSURANCE LIMITED v FAIR TRADING TRIBUNAL OF NSW & ANOR [2004] NSWSC 396

The application satisfied the requirements for an indemnity certificate: the earlier proceedings were an appeal against a decision of a court or qualifying tribunal, the appeal involved a question of law concerning denial of natural justice, no disqualification under s 6(7) was accepted as applying to the applicant corporation, and discretion favoured relief because the applicant had been deprived of the benefit of tribunal orders in its favour and was ordered to pay costs through no fault of its own.

Jurisdiction
Australia
Judgment Date
21 May 2004
Procedural Posture
Application for an Indemnity Certificate Pursuant to S 6 of the Suitors Fund Act 1951 / Notice of Motion Following an Appeal Determined on 13 December 2002
Outcome
Indemnity certificate granted to the applicant second defendant.
Legal Topics
['indemnity Certificate' 'suitors Fund Act 1951' 'appeal From Tribunal Decision' 'natural Justice' 'costs of Appeal']
['civil Procedure' 'costs' 'administrative Law'] ['indemnity Certificate' 'suitors Fund Act 1951' 'appeal From Tribunal Decision' 'natural Justice' 'costs of Appeal']

Case Brief

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Procedural Posture

Application for an Indemnity Certificate Pursuant to S 6 of the Suitors Fund Act 1951 / Notice of Motion Following an Appeal Determined on 13 December 2002

Legal Issues

  1. 1 ['Whether the earlier proceedings were an appeal within the meaning of the Suitors Fund Act 1951.' 'Whether the appeal was against a decision.' 'Whether the decision was that of a court, including a prescribed tribunal or body.' 'Whether the appeal was on a question of law or fact.' 'Whether any disqualification under s 6(7) of the Suitors Fund Act 1951 applied to the applicant corporation.' 'Whether the Court should exercise its discretion to grant an indemnity certificate.']

Ratio Decidendi

The application satisfied the requirements for an indemnity certificate: the earlier proceedings were an appeal against a decision of a court or qualifying tribunal, the appeal involved a question of law concerning denial of natural justice, no disqualification under s 6(7) was accepted as applying to the applicant corporation, and discretion favoured relief because the applicant had been deprived of the benefit of tribunal orders in its favour and was ordered to pay costs through no fault of its own.

Court Disposition

Indemnity certificate granted to the applicant second defendant.

Orders

  • ['Order that Patricia Davey Pty Limited trading as Harvey World Travel, the applicant second defendant in these proceedings be granted an indemnity certificate under section 6 of the Suitors Fund Act 1951 in respect of the appeal determined by me on 13 December 2002 and of the proceedings before me today.']