8Grant of indemnity certificate to respondent in certain cases

8 Grant of indemnity certificate to respondent in certain cases

(1)  *[Section 8 Subsection (1) amended by No. 45 of 1978, s. 3 ][Section 8 Subsection (1) amended by No. 89 of 1986, s. 7 ][Section 8 Subsection (1) amended by No. 19 of 1990, s. 4 ]*Where an appeal –

(a) to the Supreme Court from a decision of –

(i) some other court;

(ii) a board or other body or person from whose decision there is an appeal to a superior court or who may state a case for the opinion or determination of a superior court on a question of law or reserve any question of law in the form of a special case for the opinion of a superior court; or

(iii) [Section 8 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] the Associate Judge;

(b) to the Full Court of the Supreme Court from a decision of that Court held before a single judge or of a judge in chambers; or

(c) to the High Court of Australia from a decision of the Supreme Court –

(d) .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

succeeds, the Supreme Court may, on application made in that behalf, grant to the respondent to the appeal or to one or more of several respondents to the appeal an indemnity certificate in respect of the appeal.

(2)  *[Section 8 Subsection (2) amended by No. 89 of 1986, s. 7 ]*Where an appeal is determined by the High Court of Australia, the power conferred on the Supreme Court by subsection (1) may be exercised by a judge sitting in chambers.

(3)  [Section 8 Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] *[Section 8 Subsection (3) added by No. 49 of 1988, s. 3 ]*Where an appeal to the Supreme Court from a decision of the Associate Judge is by way of a re-hearing, the Supreme Court may exercise the power conferred on it by subsection (1) .