Court of Appeal

Kemp Meats Pty Ltd v Tompkins [2014] QCA 162 (13/7438) Margaret McMurdo P and Holmes and Fraser JJA 18 July 2014

Full-text: QCA14-162.pdf

Catchwords

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT INDEMNITY CERTIFICATE – WHEN REFUSED – where the appellant was the defendant in a personal injuries action – where the appellant failed in its appeal on liability but succeeded in respect of quantum – whether, given the mixed result, any order should be made in respect of the costs of the appeal – where the respondent applied for an indemnity certificate under s 15(1) of the Appeal Costs Fund Act 1973 on the basis that the trial judge made errors of law – where the respondent supported the trial judge’s fundamental error in calculating damages – whether an indemnity certificate should be granted