APPEAL COSTS ACT 1998 - SECT 8 Appellant ordered to pay costs of new trial entitled to be indemnified

APPEAL COSTS ACT 1998 - SECT 8

    (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

S. 8(2)(b) amended by No. 38/2017 s. 18.

        (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 standard 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.