The Court of Appeal granted an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) to the unsuccessful respondent, finding that the construction argument it advanced was 'fairly arguable', had prevailed at first instance, involved no prior judicial authority on point, and was hindered by a defective statutory example. The fact that a party's construction succeeded at first instance is not of itself a sufficient reason for refusing a certificate, but the combination of arguability, novelty, and legislative ambiguity favoured the grant.
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