Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 10

Application for indemnity certificate if civil proceeding discontinued

10. Application for indemnity certificate if civil proceeding discontinued



(1) If-

   (a)  the hearing of any civil proceeding is discontinued; and

   (b)  the reason for the discontinuance was not attributable in any way to
        the act, neglect or fault of any of the parties to that proceeding or
        their legal practitioners; and

   (c)  a new trial is ordered-

a party to that proceeding may apply to the court before which the proceeding
is discontinued for, and the court may grant, an indemnity certificate in
respect of the party's own costs of the discontinued proceeding.

(2) The court may only grant an indemnity certificate under subsection (1) if
it is satisfied that the reason for the discontinuance was as set out in
subsection (1)(b).

(3) A party granted an indemnity certificate under subsection (1) who pays, or
is ordered to pay, any additional costs as a consequence of the order for a
new trial is entitled to be paid by the Board, on an application made to it by
that party in the approved form, an amount equal to that party's own costs of
the discontinued proceeding that the Board considers to have been reasonably
incurred.