QLDQCA
Suncorp Metway Insurance Ltd v Kilner [2013] QCA 69
[2013] QCA 69
Court of Appeal (Qld)|2013-04-02|Before: Muir, Fraser and Gotterson JJA, Judgment of the, Court
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2013-04-02
Before
Muir, Fraser and Gotterson JJA, Judgment of the, Court
Catchwords
- APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE –
- QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY
- CERTIFICATE – WHEN GRANTED – where the appellant’s appeal was
- allowed with costs – where the appellant was
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE –QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITYCERTIFICATE – WHEN GRANTED – where the appellant’s appeal wasallowed with costs – where the appellant wassuccessful due to trialjudge’s errors of law – where these errors were not instigated bycounsel for the respondent– where the respondent seeks an indemnitycertificate under the Appeal Costs Fund Act 1973 (Qld) – whetherthe respondent should be granted an indemnity certificateAppeal Costs Fund Act 1973 (Qld)
Judgment (2 paragraphs)
[1]
[1] THE COURT: On 12 March 2013, this Court made orders which, inter alia, allowed the appellant's appeal with costs. The appeal succeeded on the basis of errors of law on the part of the trial judge which were not instigated by counsel for the respondent. As was observed in Muir JA's reasons, with which Fraser and Gotterson JJA agreed, this is an appropriate case for the grant to the respondent of an indemnity certificate under the (Qld).