Suncorp Metway Insurance Ltd v Kilner
[2013] QCA 69
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- Unreported Judgment
- Appeal Determined (QCA)
- Suncorp Metway Insurance Ltd v Kilner[2013] QCA 69
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Suncorp Metway Insurance Ltd v Kilner[2013] QCA 69
Suncorp Metway Insurance Ltd v Kilner[2013] QCA 69
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | General Civil Appeal – Further Order |
ORIGINATING COURT: | |
DELIVERED ON: | 2 April 2013 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | Muir, Fraser and Gotterson JJA |
ORDER: | The respondent is granted an indemnity certificate in respect of appeal no 8940 of 2012 pursuant to the Appeal Costs Fund Act 1973 (Qld) with respect to the costs ordered to be paid to the appellant and with respect to his own costs of the appeal. |
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 successful due to trial judge’s errors of law – where these errors were not instigated by counsel for the respondent – where the respondent seeks an indemnity certificate under the Appeal Costs Fund Act 1973 (Qld) – whether the respondent should be granted an indemnity certificate Appeal Costs Fund Act 1973 (Qld) |
COUNSEL: | No appearance by the appellant |
SOLICITORS: | Bray Lawyers for the appellant |
[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 Appeal Costs Fund Act 1973 (Qld).
[2] Accordingly, the respondent is granted an indemnity certificate in respect of appeal no 8940 of 2012 pursuant to the Appeal Costs Fund Act 1973 (Qld) with respect to the costs ordered to be paid to the appellant and with respect to his own costs of the appeal.