Ross v Ross (No 2) [2011] NSWCA 22

Ross v Ross (No 2) [2011] NSWCA 22

Because the parties could not agree on consequential orders and there were unresolved claims for allowances and other matters affecting the contemplated s 66G Conveyancing Act order that the Court of Appeal could not determine, the appeal was allowed, the orders below were set aside, appeal costs were awarded to the appellant, and the proceedings were remitted to the Equity Division, with first instance costs to be determined there.

Jurisdiction
Australia
Judgment Date
23 February 2011
Procedural Posture
Appeal / Consequential Orders on the Papers Following Judgment on Appeal
Outcome
Appeal allowed; orders made by Ward J on 31 August 2009 set aside; proceedings remitted to the Equity Division.
Legal Topics
['consequential Orders' 'remitter to Equity Division' 'section 66 G Conveyancing Act Order' 'costs of Appeal and First Instance' "suitors' Fund Certificate"]
['civil Procedure' 'property Law' 'costs'] ['consequential Orders' 'remitter to Equity Division' 'section 66 G Conveyancing Act Order' 'costs of Appeal and First Instance' "suitors' Fund Certificate"]

Case Brief

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Procedural Posture

Appeal / Consequential Orders on the Papers Following Judgment on Appeal

Legal Issues

  1. 1 ["What further orders should be made for disposal of the proceedings following the Court's judgment on the appeal." 'Whether unresolved claims concerning allowances and aspects of a contemplated s 66G order should be determined by the Court of Appeal or remitted to the Equity Division.' 'Whether the appellant should receive indemnity costs of the proceedings at first instance.']

Ratio Decidendi

Because the parties could not agree on consequential orders and there were unresolved claims for allowances and other matters affecting the contemplated s 66G Conveyancing Act order that the Court of Appeal could not determine, the appeal was allowed, the orders below were set aside, appeal costs were awarded to the appellant, and the proceedings were remitted to the Equity Division, with first instance costs to be determined there.

Court Disposition

Appeal allowed; orders made by Ward J on 31 August 2009 set aside; proceedings remitted to the Equity Division.

Orders

  • ['Appeal allowed.' 'Set aside the orders made by Ward J on 31 August 2009.' "Order the respondent to pay the appellant's costs of the appeal." "The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified." 'Remit the proceedings to Ward J, or such other judge or associate judge of the Equity...