The Queensland Court of Appeal granted Mekpine Pty Ltd an indemnity certificate under s 15(1)(b) of the Appeal Costs Fund Act 1973 (Qld) after the Council's appeal to the High Court from the Court of Appeal succeeded on a question of law. The Court found the discretion was appropriately exercised because the legal question — whether a lessee's rights under a lease of premises on a former lot extended to the entirety of a new amalgamated lot — was novel and not straightforward.
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