Killen v Rennie & 1 Ors

The parties involved were the appellant, Killen, and the first and second respondents, Rennie and another party. The dispute concerned the variation of an order previously made by the New South Wales Court of Appeal in judgment [2005] NSWCA 392 on 15 November 2005. The matter came before Mason P, Santow JA, and Brownie AJA.

The primary legal issue before the Court was the appropriate costs order to be made in light of the original judgment. Specifically, the Court was required to determine whether the existing costs order should be vacated and replaced, and if so, what the terms of the new costs order should be, including any potential entitlement to a certificate under the Suitors Fund Act 1951.

The Court reasoned that the original costs order required modification. It ordered that Order 3 from the previous judgment be vacated and replaced. The replacement order stipulated that the second respondent would be liable for the costs of both the appellant and the first respondent, not only in the Court of Appeal but also in the court below. Furthermore, the second respondent was to be granted a certificate under the Suitors Fund Act 1951 in respect of the costs in the Court of Appeal, provided they met the eligibility criteria.