Gee v Council of the City of Gosford
Case
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[2003] NSWCA 157
•16 June 2003
Details
AGLC
Case
Decision Date
Gee v Council of the City of Gosford [2003] NSWCA 157
[2003] NSWCA 157
16 June 2003
CaseChat Overview and Summary
The case of *Gee v Council of the City of Gosford* concerned an appeal to the Supreme Court of New South Wales, Court of Appeal, by Elizabeth Gee against orders made by the Land and Environment Court. The appeal was resolved by a consent order between the parties.
The primary legal issue before the Court of Appeal was the form of the consent order and, importantly, whether the first respondent, the Council of the City of Gosford, should be granted an indemnity certificate under section 6 of the *Suitors Fund Act 1951* (NSW) in respect of the appeal.
The Court, in its reasoning, ordered that the consent order be amended to reflect the correct title of the court. Furthermore, the Court determined that the Council of the City of Gosford was entitled to an indemnity certificate pursuant to section 6 of the *Suitors Fund Act 1951*. This indicates the Court was satisfied that the conditions for granting such a certificate were met in relation to the appeal.
The primary legal issue before the Court of Appeal was the form of the consent order and, importantly, whether the first respondent, the Council of the City of Gosford, should be granted an indemnity certificate under section 6 of the *Suitors Fund Act 1951* (NSW) in respect of the appeal.
The Court, in its reasoning, ordered that the consent order be amended to reflect the correct title of the court. Furthermore, the Court determined that the Council of the City of Gosford was entitled to an indemnity certificate pursuant to section 6 of the *Suitors Fund Act 1951*. This indicates the Court was satisfied that the conditions for granting such a certificate were met in relation to the appeal.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Consent
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Jurisdiction
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Standing
Actions
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Most Recent Citation
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Cases Cited
2
Statutory Material Cited
1
Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2]
[1956] HCA 29
Gurnett v The Macquarie Stevedoring Co Pty Ltd [No 2]
[1956] HCA 29
Director of Public Prosecutions (NSW) v Moradian, Saliba and Sparos
[2010] NSWCCA 27