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Applications under section 16

For an application to be presented to the Appeal Costs Board under Section 16 of the Appeal Costs Fund Act 1973, you must provide the following documents:

(1) An application in either Form 2 or Form 3

Form 2 relates to applications pursuant to s.16 (1) of the Act, where a respondent has paid to the appellant the costs ordered by the court and is seeking reimbursement from the Board.

Form 3 relates to applications made by the appellant pursuant to s.16 (2) where a respondent has unreasonably refused or is unable to pay to the appellant the costs ordered by the court, causing the appellant to apply directly to the board.

If you are a Solicitor acting for a client, who for whatever reason cannot sign the application form and who has authorised you to act on their behalf, you may apply to the Appeal Costs Board on your client's behalf, provided that you submit sworn evidence of those facts.

(2) An affidavit of the evidence supporting the application

Please provide information relating to the nature, complexity and circumstances of the matter, to enable the Board to determine if the costs claimed are reasonable. If payment of an appellant’s costs is claimed under s16(2) of the Act, please provide sworn evidence of the respondent's failure to pay the appellant's costs.

(3) The original indemnity certificate

The indemnity certificate must be completed in Form 1. A certified copy may be submitted if the original is not available. This would be the case for an application under s16(2)/Form 3.

(4) A copy of the judgment

(5) The respondent’s costs set out in an itemised account that clearly identifies each cost

(6) The appellant’s costs set out in an itemised account that clearly identifies each cost

(7) If applying under s.16 (1), proof of payment of the appellant’s costs

(8) Proof of additional trial held (if ordered)

Note: Section 16 of the Act stipulates that both parties must either agree to the costs to be claimed from the Appeal Costs Fund or have the costs taxed. The board reserves the right to consider whether the costs are reasonable even if the parties have agreed.

Section 16(3)(b) provides that the maximum payable from the Appeal Costs Fund in relation to one Indemnity Certificate is $15,000. The total payable to the respondent pursuant to s.16(1)(b) and (c) must not exceed the amount payable to the appellant pursuant to s.16(1)(a).

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Applications under section 16

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