Where a plaintiff in the Supreme Court recovers damages well within the District Court's jurisdictional limit, r 697(4) UCPR will ordinarily apply to reduce costs to the District Court scale, and the plaintiff bears the onus of identifying evidence that the relief sought was beyond District Court jurisdiction. A successful appellant should not be denied costs of the appeal merely because not every argument was accepted, provided the appeal resulted in a substantial rather than nominal award. An indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 (Qld) is appropriate where the appeal succeeded on a fairly arguable question of law for which there was no specific authority.
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