Archibald v Byron Shire Council [No 2]

Archibald v Byron Shire Council [No 2] concerned an application for an indemnity certificate under the Suitors' Fund Act 1951 (NSW). The applicant, Archibald, sought this certificate in respect of an appeal against a decision of the Supreme Court of New South Wales. The respondent was the Byron Shire Council.

The primary legal issue before the Court of Appeal was whether the applicant was entitled to an indemnity certificate. This required the court to consider the criteria for granting such a certificate under the Suitors' Fund Act, specifically whether the appeal involved a question of law of public importance or was otherwise a proper case for the granting of a certificate.

The Court of Appeal, comprising Sheller and Beazley JJA, considered the nature of the appeal and the applicant's submissions. The court ultimately determined that the criteria for granting an indemnity certificate were not met in this instance. The court's reasoning focused on the specific circumstances of the case and the interpretation of the relevant provisions of the Suitors' Fund Act.

The Court of Appeal made an order in accordance with the Notice of Motion dated 29 July 2004.