Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 12

Certificate entitles plaintiff to payment of costs

12. Certificate entitles plaintiff to payment of costs



(1) Subject to subsection (2), a plaintiff granted an indemnity certificate
under section 11 is entitled to be paid by the Board, on an application made
to it by the plaintiff in the approved form-

   (a)  an amount equal to the defendant's costs (if any) of the proceeding
        that the plaintiff has been ordered to pay and has actually paid; and

   (b)  an amount equal to the plaintiff's own costs of the proceeding
        incurred after the date on which the court refused to approve the
        acceptance of the offer, that have not been ordered to be paid by any
        other party, as assessed by the Board on a party and party basis, or
        as agreed to by the Board and the plaintiff; and

   (c)  if the costs referred to in paragraph (b) are assessed, an amount
        equal to the costs incurred by the plaintiff in connection with the
        assessment.

(2) The maximum amount payable to a plaintiff pursuant to an indemnity
certificate granted under section 11 is $50 000 or any other amount that is
prescribed.