Western Australian Current Acts Western Australian Current Acts (1) Where after the
coming into operation of this Act, a new trial is ordered in an action on the
ground that the damages awarded in the action were excessive or inadequate,
the respondent to the appeal or motion for the new trial is entitled to be
paid from moneys standing to the credit of the Fund —
(a) an
amount equal to the costs of the appellant in the appeal or motion for and
upon the new trial ordered to be paid and actually paid by the respondent but
where the Board is satisfied —
(i)
that the respondent unreasonably refuses or neglects or
is unable through lack of means to pay the whole of those costs or part
thereof; or
(ii)
that payment of those costs or part thereof would cause
the respondent undue hardship; or
(iii)
that the respondent cannot be found and the costs or part
of those costs have not already been paid by the respondent and the
Certificate of Taxation in respect thereof is produced to the Board,
the Board may direct
in writing that an amount equal to those costs or to the part of those costs
not already paid by the respondent be paid from moneys standing to the credit
of the Fund for and on behalf of the respondent to the appellant and thereupon
the appellant is entitled to payment from moneys standing to the credit of the
Fund in accordance with the direction of the Board and the Fund is discharged
from liability to the respondent in respect of those costs to the extent of
the amount paid in accordance with the direction;
(b) an
amount equal to the respondent’s costs of the appeal or motion for and
upon the new trial, as taxed or agreed upon by the Board and the respondent or
the respondent’s solicitor and not ordered to be paid by any other
party; and
(c)
where the costs referred to in paragraph (b) are taxed at the instance of the
respondent an amount equal to the costs incurred by him in having those costs
taxed.
(2) Notwithstanding
the provisions of subsection (1) —
(a) the
aggregate of the amounts payable from moneys standing to the credit of the
Fund pursuant to paragraphs (b) and (c) of that subsection shall not exceed
the amount payable from moneys standing to the credit of the Fund pursuant to
paragraph (a) of that subsection; and
(b) the
amount payable from moneys standing to the credit of the Fund to any one
respondent in respect of the appeal or motion for a new trial shall not in any
case exceed the sum of $1 000 or such other amount as may from time to time be
prescribed.
(2a) The provisions of
subsections (1) and (2) relating to the entitlement of a respondent to an
appeal to be paid from moneys standing to the credit of the Fund amounts in
respect of costs of an appeal apply, with such modifications as are necessary,
where, after the coming into operation of the Suitors’ Fund Act
Amendment Act 1971 , on an appeal in an action a new trial is not ordered but
damages awarded in the action are altered on the ground that they were
excessive or inadequate.
(3) This section does
not apply where the respondent to the appeal or motion for the new trial is
the Crown or a company or foreign company that has a paid up capital of or
equivalent to $200 000.
[Section 15 amended: No. 113 of 1965 s. 8; No. 72
of 1969 s. 5; No. 57 of 1971 s. 8; No. 49 of 1996 s. 64.]