APPEAL COSTS ACT 1998 - SECT 7 Application by successful appellant for grant of indemnity certificate in certain circumstances

APPEAL COSTS ACT 1998 - SECT 7

    (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—

S. 7(2)(a) amended by No. 38/2017 s. 17.

        (a)     an amount equal to the appellant's own costs of the appeal as assessed by the Board on a standard 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.