The power to grant an indemnity certificate under the Suitors' Fund Act 1951 (NSW), s 6(1) is enlivened where a dispositive issue in the appeal involves a question of law or fact wrongly decided, irrespective of whether establishing error is necessary for the exercise of the appellate court's powers. However, in criminal proceedings where costs are not payable, certificates should only be granted in 'unusual' or 'exceptional' cases. The Court of Criminal Appeal has no implied power to stay its orders to enable a fresh application to the court below where that application is not a step in the appeal or in preserving the subject-matter of a further appeal.
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