In the matter of an application by Sahab Holdings Pty Limited

In the matter of an application by Sahab Holdings Pty Limited, Sahab Holdings Pty Limited sought a certificate under the *Suitors' Fund Act 1951* (NSW) from the Court of Appeal of New South Wales. The application arose from an order of the High Court of Australia on 10 April 2013, which directed Sahab Holdings Pty Limited to pay the costs of Castle Constructions Pty Limited and the Registrar-General.

The primary legal issue before the Court of Appeal was whether Sahab Holdings Pty Limited was entitled to a certificate under the *Suitors' Fund Act 1951* (NSW) in respect of the High Court's costs order. This involved determining whether the application for such a certificate constituted a "fresh proceeding" for the purposes of the Act and, if so, whether there were any reasons to refuse its grant.

The Court of Appeal reasoned that an application for a certificate under the *Suitors' Fund Act 1951* (NSW) is to be treated as a fresh proceeding. Applying this principle, the Court found no impediment or reason not to issue the certificate sought by Sahab Holdings Pty Limited.

Consequently, the Court of Appeal ordered that Sahab Holdings Pty Limited be granted a certificate under the *Suitors' Fund Act 1951* (NSW) in respect of the costs order made against it by the High Court on 10 April 2013.