New South Wales Land and Housing Corporation v Quinn (No 2)

The New South Wales Land and Housing Corporation (the Corporation) sought an indemnity certificate under the *Suitors’ Fund Act 1951* (NSW) following an appeal in proceedings against Mr. Quinn. The appeal concerned the Corporation's liability for costs awarded in the primary judgment.

The primary legal issue before the Court of Appeal was whether the Corporation was entitled to an indemnity certificate in respect of the costs of the appeal. This required the court to consider the principles governing the grant of such certificates, particularly in circumstances where the applicant for the certificate had not been responsible for the error of the court below.

The Court of Appeal reasoned that the Corporation had played no role in causing the primary court to err. Furthermore, the Corporation had actively participated in the appeal proceedings to defend the primary judgment. The court found that there was nothing in the Corporation's conduct in either the primary proceedings or the appeal that would warrant withholding the certificate. Accordingly, the court granted the application.

The Court of Appeal ordered that the Corporation be granted a certificate under the *Suitors’ Fund Act 1951* (NSW) in respect of the costs of the appeal. Each party was ordered to pay its own costs of the notice of motion filed on 20 December 2016.