Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 13

Defendant may request direct payment in certain circumstances

13. Defendant may request direct payment in certain circumstances



(1) A defendant, whose costs referred to in section 12(1)(a) were ordered to
be paid by a plaintiff granted an indemnity certificate under section 11, is
entitled to be paid those costs (or any part of them) by the Board, on an
application made to it by the defendant in the approved form, if the plaintiff
has not actually paid those costs or that part and the Board is satisfied
that-

   (a)  the plaintiff is refusing, or is unable because of lack of means, to
        do so; or

   (b)  doing so would cause the plaintiff undue hardship.

(2) On the payment to the defendant, the Board is discharged from any
liability to the plaintiff in respect of any costs so paid.

(3) The maximum amount payable to a defendant under this section is $50 000 or
any other amount that is prescribed.

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