Following a successful appeal in which a new trial was ordered due to the trial judge's failure to give proper reasons, the Court of Appeal ordered that the respondents pay the appellant's costs of the appeal and that costs of the first trial abide the result of the new trial. The respondents were granted an indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 (Qld) because the error was one of law and no fault on the respondents' part contributed to it.
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