Successful appeal on question of law, indemnity certificate may be granted
10 Successful appeal on question of law, indemnity certificate may be granted
Where an appeal against the decision of a court in any proceedings —
to the Supreme Court;
to the High Court of Australia from a decision of the Supreme Court;
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
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.
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.
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.]
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