Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 8

Appellant ordered to pay costs of new trial entitled to be indemnified

8. Appellant ordered to pay costs of new trial entitled to be indemnified



(1) If, on an appeal in a civil proceeding the court orders a new trial, and
on the new trial the court orders the appellant to pay the respondent's costs
of that new trial, the appellant may apply to the trial court for, and that
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 respondent's costs of the new trial that the
        appellant has been ordered to pay and has actually paid; and

   (b)  an amount equal to the appellant's own costs of the new trial 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 appellant; and

   (c)  if the costs referred to in paragraph (b) 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 $50 000 or any other amount that
is prescribed.