Kearns v Fair Trading Tribunal of NSW

The case of Kearns versus the Fair Trading Tribunal of New South Wales was heard by the Supreme Court of New South Wales. The plaintiff, Kearns, sought to challenge the costs awarded against them by the Fair Trading Tribunal, specifically questioning the imposition of a cap on the amount recoverable from the Suitor's Fund Certificate. The legal issues revolved around the interpretation of the cap on costs recoverable from the Suitor's Fund Certificate and whether the orders should be amended to account for this limit. The plaintiff argued that the cap was arbitrary and should not apply in this instance, whereas the defendant, the Fair Trading Tribunal, maintained that the cap was correctly applied and that there was no basis to amend the orders.

The court considered the relevant statutory provisions and case law regarding the cap on costs recoverable from the Suitor's Fund Certificate. The court found that the cap was a valid statutory limit and that there was no discretion to award costs beyond this limit. The court also noted that the slip rule, as outlined in Part 20 Rule 10, did not apply in this case, and therefore, the orders could not be amended to account for the cap. The court observed that the various charges imposed were reasonable and in line with the statutory framework. The court concluded that the costs awarded were appropriate and that there was no basis to alter the orders to reflect the cap on the Suitor's Fund Certificate.

The court dismissed the plaintiff's application to amend the orders. The court held that the cap on the amount recoverable from the Suitor's Fund Certificate was a valid statutory limit and that there was no discretion to award costs beyond this limit. The court further held that the various charges imposed were reasonable and in line with the statutory framework. The final orders of the court were that the plaintiff's application to amend the orders be dismissed, and that the costs awarded by the Fair Trading Tribunal were to stand as ordered.