An indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 (Qld) will be refused where the applicant's own deliberate trial tactics — specifically, surprise non-disclosure of an intention to adduce further evidence — led the trial judge into the error of law that was the subject of the successful appeal. The Appeal Costs Fund should not indemnify parties whose unjustified trial tactics cause their own misfortune.
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