SUPREME COURT OF QUEENSLAND
CITATION: | Mount Isa City Council v The Mount Isa Irish Association Friendly Society Ltd [2018] QCA 269 |
PARTIES: | MOUNT ISA CITY COUNCIL |
FILE NO/S: | Appeal No 557 of 2018 SC No 13137 of 2016 SC No 253 of 2017 |
DIVISION: | Court of Appeal |
PROCEEDING: | General Civil Appeal – Further Order |
ORIGINATING COURT: | Supreme Court at Brisbane – [2017] QSC 316 (Daubney J) |
DELIVERED ON: | 12 October 2018 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | Sofronoff P and Gotterson and Philippides JJA |
ORDERS: | The application for an indemnity certificate is granted. |
CATCHWORDS: | APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN GRANTED – where the unsuccessful respondent applied for an indemnity certificate pursuant to s 15 of the Appeal Costs Fund Act 1973 (Qld) – where the appeal succeeded on a question of law, namely, the correct interpretation of provisions in s 101 of the Local Government Regulation 2012 (Qld) – where the construction advanced by the respondent had prevailed at first instance and is apt to be categorised as “fairly arguable” – where there was no judicial authority on point – where construction of the provisions was hindered by a defective example – whether the respondent should be granted an indemnity certificate Appeal Costs Fund Act 1973 (Qld), s 15 |
COUNSEL: | R G Bain QC, with S D Fynes-Clinton and J P Hastie, for the applicant G Gibson QC, with P F Mylne, for the respondent |
SOLICITORS: | King & Company Solicitors for the applicant McKeering Down Lawyers for the respondent |
