X v Y [2000] NSWSC 952

X v Y [2000] NSWSC 952

A certificate under s 6(1)(a) of the Suitors' Fund Act 1951 is granted to the plaintiff for appeal costs because the circumstances indicated a court system mistake and it is appropriate to exercise the general discretion accordingly.

Parties
Plaintiff: X; First Defendant / Appellant: Mrs Y as Administratrix of Estate of Late Mr Y; Second Defendant: Lawhouse Pty Ltd; Third Defendant: Registrar General
Jurisdiction
Australia
Judgment Date
10 August 2000
Procedural Posture
Appeal / Judgment on Appeal From Master Within Supreme Court (equity Division)
Outcome
Appeal allowed; certificate under s 6(1)(a) Suitors' Fund Act 1951 granted; costs and specific orders made.
Legal Topics
Appeal and New Trial, Suitors' Fund Certificate, Discretion in Granting Indemnity Certificate, Court Mistakes
Civil Procedure Appeal and New Trial Suitors' Fund Certificate Discretion in Granting Indemnity Certificate Court Mistakes

Case Brief

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Parties

X

Plaintiff

Mrs Y as Administratrix of Estate of Late Mr Y

First Defendant / Appellant

Lawhouse Pty Ltd

Second Defendant

Registrar General

Third Defendant

Procedural Posture

Appeal / Judgment on Appeal From Master Within Supreme Court (equity Division)

Legal Issues

  1. 1 Whether a certificate under s 6(1)(a) of the Suitors' Fund Act 1951 should be granted to the plaintiff regarding costs of a successful appeal
  2. 2 Whether such certificate applies to an appeal from Master to Judge within Supreme Court

Ratio Decidendi

A certificate under s 6(1)(a) of the Suitors' Fund Act 1951 is granted to the plaintiff for appeal costs because the circumstances indicated a court system mistake and it is appropriate to exercise the general discretion accordingly.

Court Disposition

Appeal allowed; certificate under s 6(1)(a) Suitors' Fund Act 1951 granted; costs and specific orders made.

Orders

  • The appeal from the Master is allowed.
  • Orders 3 to 19 of the Master’s orders made on 9 June 1999 are set aside.