17Amount payable where court refuses to sanction a compromise in an action brought by an infant plaintiff

17 Amount payable where court refuses to sanction a compromise in an action brought by an infant plaintiff

[Section 17 Subsection (2) amended by No. 45 of 1978, s. 8 ]**[Section 17 Subsection (2) amended by No. 89 of 1986, s. 11 ]

(1)  Where a court refuses to sanction the compromise of an action brought by an infant plaintiff and on the trial of the action the amount of the judgment obtained by the plaintiff is an amount not greater than the amount that the defendant had agreed to pay under the compromise and the infant plaintiff or his next friend is ordered to pay the whole or any part of the defendant's costs of the action on any ground, including the payment of money into court by the defendant, the infant plaintiff or his next friend, as the case requires, is entitled to be paid from the Fund –

(a) an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or his next friend;

(b) an amount equal to the infant plaintiff's taxed costs of the action incurred, being costs that are not ordered to be paid by any other party; and

(c) where the costs referred to in paragraph (b) are taxed at the instance of the infant plaintiff or his next friend an amount equal to the costs incurred by the infant or on his behalf in having those costs taxed.

(2)  *[Section 17 Subsection (2) amended by No. 92 of 1974, s. 6 and Sched. 1 ]*Notwithstanding anything in subsection (1) –

(a) where the Registrar is satisfied that the infant plaintiff or his next friend has unreasonably refused, or has neglected, or is unable through lack of means, to pay the whole or any part of the costs referred to in paragraph (a) of that subsection or that payment of those costs or of that part thereof would cause the infant plaintiff or his next friend undue hardship, the Registrar may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or his next friend be paid for and on behalf of the infant plaintiff or his next friend to the defendant from the Fund, and thereupon the defendant is entitled to payment from the Fund in accordance with the direction and the Fund is discharged from liability to the infant plaintiff or his next friend in respect of those costs to the extent of the amount paid in accordance with the direction; and