Wyong Shire Council v MCC Energy (No 2) [2005] NSWCA 196

Wyong Shire Council v MCC Energy (No 2) [2005] NSWCA 196

Because MCC was the respondent to an appeal in which the appellant Council was partially successful and the appeal was allowed in part, the power to grant a certificate under s 6 of the Suitor's Fund Act 1951 was enlivened. It was appropriate to grant the certificate despite there being no order that MCC pay the Council's costs.

Jurisdiction
Australia
Judgment Date
10 June 2005
Procedural Posture
Costs; Application for Indemnity Certificate Under Suitor's Fund Act 1951 / Notice of Motion Determined on Papers After Appeal Allowed in Part
Outcome
Notice of Motion granted.
Legal Topics
['indemnity Certificate' "suitor's Fund" 'partially Successful Appeal' 'each Party to Pay Own Costs']
['costs' 'appellate Procedure'] ['indemnity Certificate' "suitor's Fund" 'partially Successful Appeal' 'each Party to Pay Own Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs; Application for Indemnity Certificate Under Suitor's Fund Act 1951 / Notice of Motion Determined on Papers After Appeal Allowed in Part

Legal Issues

  1. 1 ["Whether the first respondent was entitled to an indemnity certificate under s 6 of the Suitor's Fund Act 1951 where the appeal was allowed in part and each party was ordered to pay its own costs."]

Ratio Decidendi

Because MCC was the respondent to an appeal in which the appellant Council was partially successful and the appeal was allowed in part, the power to grant a certificate under s 6 of the Suitor's Fund Act 1951 was enlivened. It was appropriate to grant the certificate despite there being no order that MCC pay the Council's costs.

Court Disposition

Notice of Motion granted.

Orders

  • ["The first respondent be granted a certificate under s 6 of the Suitor's Fund Act 1951 if otherwise qualified."]