9Effect of indemnity certificate granted to respondent

9 Effect of indemnity certificate granted to respondent

(1)  Subject to this Act, where a respondent to an appeal has been granted an indemnity certificate, the certificate entitles the respondent to be paid from the Fund –

(a) an amount equal to the appellant's costs –

(i) of the appeal in respect of which the certificate was granted; and

(ii) where that appeal is an appeal in a sequence of appeals, the appellant's taxed costs of any appeal or appeals in the sequence that preceded the appeal in respect of which the certificate was granted –

being costs ordered to be paid and actually paid by or on behalf of the respondent;

(b) an amount equal to the respondent's costs –

(i) of the appeal in respect of which the certificate was granted; and

(ii) where that appeal is an appeal in a sequence of appeals, the respondent's taxed costs of any appeal or appeals in the sequence that preceded the appeal in respect of which the certificate was granted –

not being costs that were 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 respondent, an amount equal to the costs incurred by him or on his behalf in having those costs taxed.

(2)  *[Section 9 Subsection (2) amended by No. 92 of 1974, s. 6 and Sched. 1 ]*Where an indemnity certificate has been granted as provided in section 8 and the Registrar is satisfied that the respondent has unreasonably refused, or has neglected, or is unable through lack of means, to pay to the appellant the whole or any part of the costs referred to in paragraph (a) of subsection (1) or that payment of those costs or of that part thereof would cause the respondent undue hardship, the Registrar may direct that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the respondent be paid from the Fund for and on behalf of the respondent to the appellant and thereupon the appellant is entitled to payment from the Fund in accordance with the direction of the Registrar and the Fund is discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction.