Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 11

Plaintiff who is under a disability or is a minor entitled to payment when offer of compromise not approved by court

11. Plaintiff who is under a disability or is a minor entitled to payment when
offer of compromise not approved by court

If in a proceeding brought by or on behalf of a plaintiff who is under a
disability or is a minor-

   (a)  an offer of compromise is made by a defendant; and

   (b)  the court refuses to approve the acceptance of the offer; and

   (c)  the plaintiff obtains a judgment on the claim to which the offer
        relates that is not more favourable to him or her than the terms of
        the offer; and

   (d)  the plaintiff is ordered by the court to pay the whole or part of the
        defendant's costs of the proceeding-

the plaintiff may apply to the court for, and the court may grant, an
indemnity certificate in respect of costs.