A party who enjoys substantial success on appeal on claims representing the bulk of the trial and appeal is entitled to costs, notwithstanding failure on other claims. A trial judge's critical assessment of a party's evidence does not constitute disentitling conduct where the party ultimately succeeds on the primary claims, though it is relevant to whether costs are awarded on an indemnity or standard basis. An indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) may be refused where the appeal outcome resulted from the appellate court's own findings of fact rather than merely from correction of a legal error.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.