Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 6

Appellant may request direct payment in certain circumstances

6. Appellant may request direct payment in certain circumstances



(1) An appellant, whose costs referred to in section 5(1)(a) were ordered to
be paid by a respondent granted an indemnity certificate under section 4, is
entitled to be paid those costs (or any part of them) by the Board, on an
application made to it by the appellant in the approved form, if the
respondent has not actually paid those costs or that part and the Board is
satisfied that-

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

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

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

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