13Indemnity certificate to have no effect in certain circumstances

13 Indemnity certificate to have no effect in certain circumstances

(1)  *[Section 13 Subsection (1) amended by No. 92 of 1974, s. 6 and Sched. 1 ]*An indemnity certificate granted to a respondent in respect of an appeal (in this subsection referred to as "the first appeal") has no effect –

(a) where a time is limited by law for appealing from the decision in the first appeal, during the time so limited;

(b) where an appeal lies from the decision in the first appeal but no time is so limited, until –

(i) an application for leave to appeal from that decision has been determined and, where leave is granted, the appeal from that decision is instituted; or

(ii) the respondent lodges with the Registrar an undertaking in writing by the respondent that the respondent will not appeal or seek leave to appeal from that decision –

whichever first happens; and

(c) notwithstanding anything in the foregoing provisions of this subsection, where the decision in the first appeal is the subject of an appeal, during the pendency of the last-mentioned appeal.

(2)  An indemnity certificate granted to an appellant in respect of an appeal (in this subsection referred to as "the first appeal") has no effect –

(a) where a time is limited by law for appealing from the decision in the first appeal, during the time so limited;

(b) where an appeal lies from the decision in the first appeal but no time is so limited, until –

(i) an application for leave to appeal from that decision has been determined and, where leave is granted, the appeal from that decision is instituted; or

(ii) the expiration of a period of 3 months after the determination of the first appeal –

whichever first happens; and

(c) notwithstanding anything in the foregoing provisions of this subsection, where the decision in the first appeal is the subject of an appeal, during the pendency of the last-mentioned appeal.

(3)  Where an appeal and a later appeal or later appeals form a sequence of appeals and the indemnity certificate has not been vacated under a reference in this section to the decision in the first appeal (within the meaning of or ) shall be construed as including a reference to the decision in the later appeal or in each of the later appeals, as the case may be, and a reference to the pendency of the first appeal shall be construed as including a reference to the pendency of the later appeal or of each of the later appeals, as the case may be.