The Court of Appeal granted the respondent an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld), finding that the argument he had advanced below concerning the meaning of 'accident' in the Civil Aviation (Carriers' Liability) Act 1959 (Cth) was fairly arguable, particularly as the issue had not previously arisen for appellate consideration in Queensland. The Court applied the established Lauchlan v Hartley framework for assessing whether a certificate should be granted.
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