Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 19

PART 4 INDEMNITY CERTIFICATES IN CASES STATED

Cases stated and questions of law reserved for opinion

19. Cases stated and questions of law reserved for opinion



(1) If in any proceeding-

   (a)  a case is stated for the opinion or determination of a superior court
        on a question of law; or

   (b)  a question of law is reserved in the form of a special case for the
        opinion of a superior court-

any party to that proceeding other than a party who is or represents the
Crown, may apply to the superior court for, and the court may grant, an
indemnity certificate in respect of the costs that the party has incurred in
respect of the proceeding on the case stated.

(2) Subject to subsection (3), a party granted an indemnity certificate under
subsection (1) is entitled to be paid by the Board, on an application made to
it by the party in the approved form, an amount equal to that party's own
costs of the proceeding on the case stated that the Board considers to have
been reasonably incurred.

(3) The maximum amount payable to a party pursuant to an indemnity certificate
granted under subsection (1) is $50 000 or any other amount that is
prescribed.

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