Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 9

Respondent may request direct payment in certain circumstances

9. Respondent may request direct payment in certain circumstances



(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
appellant has not actually paid those costs or that part and the Board is
satisfied that-

   (a)  the appellant is refusing, or is unable because of lack of means, to
        do so; or

   (b)  doing so would cause the appellant undue hardship.

(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.