The Court granted an indemnity costs certificate under s 4(1) of the Appeal Costs Act 1998 (Vic) to the unsuccessful respondent in a judicial review proceeding that quashed an adjudication determination under the SOP Act. The Court held that the certificate was warranted because the case involved complex questions of contractual construction regarding termination rights and renunciation, the respondent had not acted inappropriately in defending its adjudication success, and the need for judicial review was generated by the adjudicator's determination on contested matters of legal principle.
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