Costs of appeal etc. where award of damages overturned on appeal may be met from Fund
15 Costs of appeal etc. where award of damages overturned on appeal may be met from Fund
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 —
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 —
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
that payment of those costs or part thereof would cause the respondent undue hardship; or
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;
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
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.
Notwithstanding the provisions of subsection (1) —
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
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.
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.
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.]
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