Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 32

Effect of indemnity certificate in sequence of appeals

32. Effect of indemnity certificate in sequence of appeals



(1) An indemnity certificate granted to a respondent under this Act in respect
of an appeal in a sequence of appeals is discharged by force of this
subsection and of no effect if-

   (a)  in a later appeal in that sequence, the respondent granted the
        indemnity certificate is successful; or

   (b)  an indemnity certificate is granted in respect of a later appeal in
        that sequence and the respondent granted an indemnity certificate in
        respect of the earlier appeal is a party to the later appeal.

(2) An indemnity certificate granted to an appellant under this Act in respect
of an appeal to the Supreme Court is discharged by force of this subsection
and of no effect if the appellant is a party to a successful appeal against
the decision of the Supreme Court.

(3) If an appeal and a later appeal or later appeals form a sequence of
appeals, and an indemnity certificate in respect of any of those appeals has
not been discharged by force of this section, a reference in section 33 or 34
to-

   (a)  the decision in the appeal is to be construed as including a reference
        to the decision in the later appeal or any other later appeal (as the
        case may be); and

   (b)  the determination of an appeal is to be construed as including a
        reference to the determination of any later appeal.

(4) The operation of this section is not affected by section 33 or 34.