An appeal that succeeds because the trial judge erred in the exercise of discretion by placing too much weight on one factor and inclining to virtual equality of contribution, where the respondent ran the case as found by the judge, does not warrant an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld). The grant of a certificate is not automatic even where an appeal succeeds on a question of law; the applicant must show some ground calling for the exercise of the discretion.
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