Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 12

    (1)     Subject to subsection (2), a plaintiff granted an indemnity certificate under section 11 is entitled to be paid by the Board, on an application made to it by the plaintiff in the approved form—

        (a)     an amount equal to the defendant's costs (if any) of the proceeding that the plaintiff has been ordered to pay and has actually paid; and

S. 12(1)(b) amended by No. 38/2017 s. 21.

        (b)     an amount equal to the plaintiff's own costs of the proceeding incurred after the date on which the court refused to approve the acceptance of the offer, 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 plaintiff; and

        (c)     if the costs referred to in paragraph (b) are assessed, an amount equal to the costs incurred by the plaintiff in connection with the assessment.

    (2)     The maximum amount payable to a plaintiff pursuant to an indemnity certificate granted under section 11 is $50 000 or any other amount that is prescribed.