Haug v Jupiters Limited t/a Conrad Treasury Brisbane

[2007] QCA 328

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity certificates
4. › Appeal Costs Fund
5. › Whether indemnity certificate should be granted where appeal on question of law succeeded
6. › Whether opposing view was fairly arguable
7. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

An Indemnity Certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) will ordinarily be granted where the appeal succeeded on a question of law but both sides of the debate were fairly arguable, as distinct from cases where there was no basis for the decision below.