Where an appeal succeeds because the trial judge failed to consider contemporaneous documentary evidence when assessing witness credibility, and the respondent's conduct at trial did not contribute to the error, an indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) is appropriate. The case confirms that a trial judge's failure to give adequate consideration to documentary evidence in credibility assessments falls within the category of judicial error identified in Mitchell v Pacific Dawn Pty Ltd.
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