Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 7

Application by successful appellant for grant of indemnity certificate in certain circumstances

7. Application by successful appellant for grant of indemnity certificate in
certain circumstances



(1) If-

   (a)  there is an appeal against the decision of the Magistrates' Court in a
        civil proceeding to the Supreme Court on a question of law; and

   (b)  the respondent does not appear either in the proceedings before the
        Magistrates' Court or on the appeal; and







   (c)  the appeal succeeds but the Supreme Court refuses to order the
        respondent to pay the appellant's costs of the appeal-

the appellant may apply to the Supreme Court for, and the court may grant, an
indemnity certificate in respect of costs.

(2) Subject to subsection (3), an appellant granted an indemnity certificate
under subsection (1) is entitled to be paid by the Board, on an application
made to it by the appellant in the approved form-

   (a)  an amount equal to the appellant's own costs of the appeal as assessed
        by the Board on a party and party basis, or as agreed to by the Board
        and the appellant; and

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

(3) The maximum amount payable to an appellant pursuant to an indemnity
certificate granted under subsection (1) is $2000 or any other amount that is
prescribed.