Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 5

Certificate entitles respondent to payment of costs

5. Certificate entitles respondent to payment of costs



(1) Subject to subsection (2), a respondent granted an indemnity certificate
under section 4 is entitled to be paid by the Board, on an application made to
it by the respondent in the approved form-

   (a)  an amount equal to the appellant's costs (if any)-

   (i)  of the appeal in respect of which the indemnity certificate was
        granted; and

   (ii) if the court makes an order for a new trial-of any new trial that is
        held as a consequence of that order; and

   (iii) if the appeal in respect of which the indemnity certificate was
        granted is an appeal in a sequence of appeals-of any appeal or appeals
        in the sequence that preceded that appeal- that the respondent has
        been ordered to pay and has actually paid; and

   (b)  an amount equal to the respondent's own costs-

   (i)  of the appeal in respect of which the indemnity certificate was
        granted; and

   (ii) if the court makes an order for a new trial-of any new trial that is
        held as a consequence of that order; and

   (iii) if the appeal in respect of which the indemnity certificate was
        granted is an appeal in a sequence of appeals-of any appeal or appeals
        in the sequence that preceded that appeal- 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 respondent; and

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

(2) The maximum amount payable to a respondent pursuant to an indemnity
certificate granted under section 4 is $50 000 or any other amount that is
prescribed.