An applicant for an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) must do more than show the appeal succeeded on a question of law; the applicant must show some ground calling for the exercise of the discretion. Where the question on appeal was essentially factual in character and the respondent played a role in leading the primary judge into error, the discretion will be exercised against the grant of a certificate.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
2 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.