Calandra v Murden (No 2)

The parties to this matter were the plaintiff, Calandra, and the defendant, Murden. The dispute concerned an application for a certificate under the *Suitors’ Fund Act 1951* (NSW). The application was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the plaintiff was entitled to a certificate under the *Suitors’ Fund Act 1951* (NSW) in relation to the appeal. This required the Court to consider the criteria for granting such a certificate, specifically whether the appeal involved a question of law that was of general public importance.

The Court of Appeal dismissed the application. The reasoning of the Court, as articulated by Beazley P, Meagher and Leeming JJA, was that the appeal did not raise a question of law of general public importance. The Court found that the issues on appeal were confined to the specific facts of the case and did not have broader implications for the public interest or the development of the law. Consequently, the threshold for granting a certificate under the *Suitors’ Fund Act 1951* (NSW) was not met.