SUITORS' FUND ACT 1964 - SECT 10
SUITORS' FUND ACT 1964 - SECT 10
10 . Successful appeal on question of law, indemnity certificate may be granted
(1) Where an appeal
against the decision of a court in any proceedings —
(a) to
the Supreme Court;
(b) to
the High Court of Australia from a decision of the Supreme Court;
(c) to
the Queen in Council from a decision of the High Court of Australia given in
an appeal from a decision of the Supreme Court; or
(d) to
the Queen in Council from a decision of the Supreme Court,
on a question of law
succeeds, the Supreme Court may, upon application made to the Court in that
behalf by any party to the proceedings, grant to the respondent to the appeal
or to all or any of several respondents to the appeal an indemnity certificate
in respect of that appeal.
(2) Whenever an appeal
against the decision of a court in any proceedings to The District Court of
Western Australia on a question of law succeeds, The District Court of Western
Australia may, upon application made to it in that behalf by any party to the
proceedings, grant to the respondent to the appeal or to all or any of several
respondents to the appeal an indemnity certificate in respect of that appeal.
(3) The jurisdiction
conferred upon the Supreme Court or The District Court of Western Australia by
subsection (1) or (2) may be exercised by a judge of the Supreme Court or a
District Court judge, as the case may be, sitting in chambers.
[Section 10 amended: No. 72 of 1969 s. 3; No. 58
of 1978 s. 3.]