Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 13

S. 13(1) amended by No. 38/2017 s. 22(a).

    (1)     A defendant, whose costs referred to in section 12(1)(a) were ordered to be paid by a plaintiff granted an indemnity certificate under section 11 , is entitled to be paid those costs (or any part of them) by the Board, on an application made to it by the defendant in the approved form, if the Board is satisfied that—

S. 13(1)(a) substituted by No. 38/2017 s. 22(b).

        (a)     the defendant has taken reasonable steps to obtain payment from the plaintiff; and

S. 13(1)(b) substituted by No. 38/2017 s. 22(b).

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

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

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

Part 3—Entitlement to payment in criminal matters