Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An indemnity
certificate granted to a respondent in respect of an appeal, being an appeal
in a sequence of appeals, is vacated if —
(a) in a
later appeal in the sequence the successful party to the appeal is the one to
whom the indemnity certificate was granted; or
(b) an
indemnity certificate is granted in respect of a later appeal in the sequence
and the respondent to the earlier appeal is a party to the later appeal.
(2) An indemnity
certificate granted to a respondent in respect of an appeal —
(a)
where a time is limited for appealing against the decision in the appeal, is
inoperative during the time so limited;
(b)
where a time is not limited for appealing against the decision in the appeal,
is inoperative until an application for leave to appeal against that decision
has been determined and where leave to appeal is granted, until the appeal is
instituted, or until the respondent lodges with the Board a written
undertaking by him that he will not apply for leave to appeal or appeal
against the decision in the appeal, whichever first happens; and
(c) is,
where the decision in the appeal is the subject of an appeal, inoperative
during the pendency of the appeal notwithstanding the foregoing provisions of
this subsection.
(3) Where the appeal
and a later appeal or later appeals form a sequence of appeals and the
indemnity certificate has not been vacated under subsection (1), any
reference in subsection (2) —
(a) to
the decision in the appeal shall be construed as including a reference to the
decision in the later appeal or in each such later appeal, as the case may be;
and
(b) to
the pendency of the appeal shall be construed as including a reference to the
pendency of the later appeal or of each such later appeal, as the case may be.
(4)(a) Where an
undertaking has been given by a respondent under subsection (2)(b) and
thereafter the respondent applies for leave to appeal or appeals against the
decision in respect of which the undertaking was given, the respondent shall,
upon written demand being made in that behalf by the Board, pay to the Board
any amount paid to him, or for and on his behalf under the indemnity
certificate and in default of payment of the amount by the respondent in
accordance with the demand, that amount may be recovered by the Board from the
respondent as a debt in any court of competent jurisdiction.
(b) Any
amount paid to or recovered by the Board under this subsection shall be
credited by it to the Fund.
(5) Nothing in this
section affects the operation of subsection (1).
[Section 12 amended by No. 49 of 1996
s. 64.]