Hometeam Constructions Pty Ltd v McCauley (No 2)

In *Hometeam Constructions Pty Ltd v McCauley (No 2)*, the claimant, McCauley, sought an indemnity certificate under the *Suitors' Fund Act 1951* (NSW) following an appeal against Hometeam Constructions Pty Ltd. The primary dispute concerned the claimant's entitlement to recover costs incurred on appeal, specifically whether the conditions for the grant of an indemnity certificate under the Act were met.

The central legal issue before the Court of Appeal of New South Wales was whether the claimant had established that the appeal involved a question of law that was of general public interest, or that it was otherwise desirable in the public interest that the claimant should receive assistance in meeting the costs of the appeal. This required the court to assess the nature of the legal questions raised by the appeal and their broader significance beyond the immediate parties.

The court reasoned that the appeal did indeed raise questions of law of general public interest, particularly concerning the interpretation and application of certain provisions of the *Home Building Act 1989* (NSW) and the principles governing the award of costs in such matters. The court considered that the public interest favoured the grant of an indemnity certificate to ensure that meritorious appeals raising important legal issues could be pursued without undue financial burden.

Consequently, the court ordered that the claimant be granted a certificate under the *Suitors' Fund Act 1951* in relation to the costs of the appeal, provided the claimant otherwise qualified. The court also ordered that each party bear their own costs of the Notice of Motion.