The Queensland Local Government Superannuation Board v Allen

[2017] QCA 201

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Catchwords

1. Practice and Procedure
2. › Costs
3. › Indemnity certificates
4. › Appeal Costs Fund
5. › Whether indemnity certificate should be granted where respondent's submissions contributed to erroneous decision below
6. › Whether ordinary risk of litigation loss
7. › Appeal Costs Fund Act 1973 (Qld), s 15

Quick Take

A party whose submissions at first instance contributed to the primary judge's erroneous exercise of discretion is not entitled to an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld), as the resulting costs liability represents the ordinary risk of litigation loss rather than the particular misfortune the Act is designed to address.