Evans v Powell (No 2) [2012] NSWSC 1479

The court exercised its discretion to grant Mr Powell a certificate under s 6 of the Suitors' Fund Act, as he did not act unreasonably and there were no grounds to withhold the certificate.

Parties: Plaintiff: Tim Evans; Defendant: Adrian Powell
Jurisdiction: Australia
Judgment Date: 04 December 2012
Procedural Posture: Appeal / Post Judgment, Costs Determination
Outcome: Certificate granted
Legal Topics: Suitors' Fund Act Certificate, Appeal on Question of Law

Costs Suitors' Fund Act Certificate Appeal on Question of Law

Case Brief

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Parties

Tim Evans

Plaintiff

Adrian Powell

Defendant

Procedural Posture

Appeal / Post Judgment, Costs Determination

Legal Issues

1 Whether the defendant should be granted a certificate under s 6 of the Suitors' Fund Act 1951 following an appeal on a question of law

Ratio Decidendi

The court exercised its discretion to grant Mr Powell a certificate under s 6 of the Suitors' Fund Act, as he did not act unreasonably and there were no grounds to withhold the certificate.

Court Disposition

Certificate granted

Orders

Mr Powell be granted a certificate under s 6 of the Suitors' Fund Act.