Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 4

PART 2 ENTITLEMENT TO PAYMENT IN CIVIL MATTERS

Application by respondent for indemnity certificate in respect of appeal

4. Application by respondent for indemnity certificate in respect of appeal



(1) If an appeal against a decision of a court in a civil proceeding-

   (a)  to the Trial Division of the Supreme Court; or

   (b)  to the Court of Appeal, including an appeal to the Court of Appeal
        from a decision of the Trial Division of the Supreme Court; or

   (c)  to the High Court of Australia from a decision of the Supreme Court-

succeeds, a respondent to that appeal may apply to the Supreme Court for, and
the court may grant, an indemnity certificate in respect of costs.

(2) If an appeal to the County Court against a decision of a court in a civil
proceeding succeeds, a respondent to that appeal may apply to the County Court
for, and the court may grant, an indemnity certificate in respect of costs.