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APPEAL COSTS ACT 1998 - SECT 9 Respondent may request direct payment in certain circumstances

APPEAL COSTS ACT 1998 - SECT 9

Respondent may request direct payment in certain circumstances

S. 9(1) amended by No. 38/2017 s. 19(a).

    (1)     A respondent, whose costs referred to in section 8(2)(a) were ordered to be paid by an appellant granted an indemnity certificate under section 8(1), is entitled to be paid those costs (or any part of them) by the Board, on an application made to it by the respondent in the approved form, if the Board is satisfied that—

S. 9(1)(a) substituted by No. 38/2017 s. 19(b).

        (a)     the respondent has taken reasonable steps to obtain payment from the appellant; and

S. 9(1)(b) substituted by No. 38/2017 s. 19(b).

        (b)     despite the respondent taking reasonable steps in accordance with paragraph (a), the appellant has not paid those costs or that part.

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

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