New South Wales Land and Housing Corporation v Quinn (No 2)

[2017] NSWCA 34

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity certificate
4. › Suitors' Fund Act 1951 (NSW), s 6(1)
5. › Whether respondent entitled to indemnity certificate in respect of appeal
6. › Where applicant played no role in causing court below to err
7. › Where applicant actively participated in appeal to defend primary judgment
8. › Where nothing in conduct in either court to warrant withholding of certificate

Quick Take

A respondent to a successful appeal who played no role in causing the court below to err on a question of law, and whose conduct in both the court below and on appeal was proper, is entitled to an indemnity certificate under s 6(1) of the Suitors' Fund Act 1951 (NSW). The certificate is available under s 6(2)(b) even where no adverse costs order was made against the respondent, entitling recovery of a percentage of the respondent's own costs from the Fund.