Jackson Nominees P/L v Hanson Building Products P/L

[2006] QCA 159

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeal Costs Fund
4. › Indemnity certificate
5. › Discretion to grant or refuse
6. › Appeal succeeding on question of law
7. › Respondent's case found favour with minority of judges
8. › Appeal Costs Fund Act 1973 (Qld), ss 15(1), 21
1. Practice and Procedure
2. › Costs
3. › Appeal Costs Fund
4. › Late application for indemnity certificate
5. › Extension of time
6. › Whether late application should be allowed
7. › Practice Direction 26 of 1999, s 36

Quick Take

An indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 (Qld) may be granted where an appeal succeeds on a pure question of law and the respondent's case found favour with a substantial minority of the judges who heard the appeal. A late application may be allowed where it is unopposed.