Sergi v Jurcevic (No 2) [1999] NSWCA 296

Sergi v Jurcevic (No 2) [1999] NSWCA 296

It was not appropriate to order that the respondent pay the appellant’s costs of the appeal because the respondent had not appeared to oppose the relief claimed by the appellant, and such an order should not be made solely for the appellant to access the Fund under the Suitors Fund Act 1951.

Jurisdiction
Australia
Judgment Date
22 September 1999
Procedural Posture
Costs Application Following Appeal / Post Appeal, on Costs
Outcome
Application refused. No order as to costs of the application for determination or of the appeal.
Legal Topics
['costs' 'suitors Fund Act 1951' 'indemnity Certificates']
['civil Procedure'] ['costs' 'suitors Fund Act 1951' 'indemnity Certificates']

Case Brief

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Procedural Posture

Costs Application Following Appeal / Post Appeal, on Costs

Legal Issues

  1. 1 ['Whether the Court should make an order for costs of the appeal against the respondent, in circumstances where the respondent did not appear and whether an indemnity certificate should issue under the Suitors Fund Act 1951.']

Ratio Decidendi

It was not appropriate to order that the respondent pay the appellant’s costs of the appeal because the respondent had not appeared to oppose the relief claimed by the appellant, and such an order should not be made solely for the appellant to access the Fund under the Suitors Fund Act 1951.

Court Disposition

Application refused. No order as to costs of the application for determination or of the appeal.

Orders

  • ["Refuse the appellant's application." 'Make no order as to the costs of the application for determination or of the appeal.']