New South Wales Land and Housing Corporation v Quinn (No 2) [2017] NSWCA 34

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Land and Housing Corporation v Quinn (No 2) [2017] NSWCA 34 Hearing dates: On the papers Decision date: 09 March 2017 Before: Beazley ACJ; Ward JA; Davies J Decision: (1) The respondent be granted a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs of the appeal. (2) Each party pay its or his own costs of the notice of motion filed 20 December 2016. Catchwords: PROCEDURE - Costs - whether party entitled to indemnity certificate in respect of appeal pursuant to s 6 of Suitors' Fund Act 1951 (NSW) - principles governing application - where applicant played no role in causing court below to err - where applicant actively participated in appeal to defend primary judgment - where nothing in conduct in either court to warrant withholding of certificate - application granted. Legislation Cited: Suitors' Fund Act 1951 (NSW), s 6(1) Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Allard v Murwillumbah Bowling Club Ltd [1976] 1 NSWLR 275 Gurnett v Macquarie Stevedoring Co Pty Ltd (No 2) (1956) 95 CLR 106; [1956] HCA 29 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 New South Wales Land and Housing Corporation v Quinn [2016] NSWCA 338 Robinson v Zhang [2005] NSWCA 439 R v Hookham (No 2) (1993) 32 NSWLR 345 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Anderson Stuart v Treleaven [2000] NSWSC 536 Category: Costs Parties: New South Wales Land and Housing Corporation (Appellant) Robert Quinn (Respondent) Representation: Counsel: A Di Francesco (Appellant) R Dalgleish (Respondent)