sec.23Entitlement on order for new trial on certain grounds

sec.23 Entitlement on order for new trial on certain grounds

Where after the commencement of this Act a new trial is ordered in an action on the ground that the verdict of the jury was against the evidence or the weight of the evidence or that the damages awarded in the action were excessive or inadequate, the respondent to the motion for the new trial shall be entitled to be paid from the fund— an amount equal to the costs (if any) of the appellant in the motion for and upon the new trial ordered to be paid and actually paid by or on behalf of the respondent; and an amount equal to the respondent’s costs of the motion for and upon the new trial, as assessed or agreed upon by the board and the respondent or the respondent’s solicitor and not ordered to be paid by any other party; and where the costs referred to in paragraph (b) are assessed at the instance of the respondent—an amount equal to the costs incurred by the respondent or on the respondent’s behalf in having those costs assessed. Notwithstanding subsection (1) — where the board is satisfied that the respondent unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the respondent undue hardship—the board may direct in writing that an amount equal to those costs or the part thereof not already paid by or on behalf of the respondent be paid from the fund on behalf of the respondent to the appellant, and thereupon the appellant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction; where the respondent has been ordered to pay the appellant’s costs in the motion for and upon the new trial—the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 respondent in respect of the motion for and upon a new trial shall not in any case exceed $4,000 or such other amount as is prescribed from time to time. Where upon any appeal heard after the commencement of this Act a new trial of a cause or matter is ordered upon any ground whatsoever, and upon the new trial the party who was the appellant in the appeal proceedings is ordered to pay the respondent’s costs of the new trial, the appellant shall be entitled to be paid from the fund, subject to the limitations contained in subsection (2) , the amounts referred to in subsection (1) (a) to (c) which shall for the purposes of this subsection be read and construed as if a reference in those paragraphs to the respondent were a reference to the appellant and a reference to the appellant were a reference to the respondent. This section does not apply where the respondent to the motion for the new trial is the Crown. s 23 amd 2002 No. 34 s 74 sch 6 (sec.23-ssec.1) Where after the commencement of this Act a new trial is ordered in an action on the ground that the verdict of the jury was against the evidence or the weight of the evidence or that the damages awarded in the action were excessive or inadequate, the respondent to the motion for the new trial shall be entitled to be paid from the fund— an amount equal to the costs (if any) of the appellant in the motion for and upon the new trial ordered to be paid and actually paid by or on behalf of the respondent; and an amount equal to the respondent’s costs of the motion for and upon the new trial, as assessed or agreed upon by the board and the respondent or the respondent’s solicitor and not ordered to be paid by any other party; and where the costs referred to in paragraph (b) are assessed at the instance of the respondent—an amount equal to the costs incurred by the respondent or on the respondent’s behalf in having those costs assessed. (sec.23-ssec.2) Notwithstanding subsection (1) — where the board is satisfied that the respondent unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the respondent undue hardship—the board may direct in writing that an amount equal to those costs or the part thereof not already paid by or on behalf of the respondent be paid from the fund on behalf of the respondent to the appellant, and thereupon the appellant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction; where the respondent has been ordered to pay the appellant’s costs in the motion for and upon the new trial—the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 respondent in respect of the motion for and upon a new trial shall not in any case exceed $4,000 or such other amount as is prescribed from time to time. (sec.23-ssec.3) Where upon any appeal heard after the commencement of this Act a new trial of a cause or matter is ordered upon any ground whatsoever, and upon the new trial the party who was the appellant in the appeal proceedings is ordered to pay the respondent’s costs of the new trial, the appellant shall be entitled to be paid from the fund, subject to the limitations contained in subsection (2) , the amounts referred to in subsection (1) (a) to (c) which shall for the purposes of this subsection be read and construed as if a reference in those paragraphs to the respondent were a reference to the appellant and a reference to the appellant were a reference to the respondent. (sec.23-ssec.4) This section does not apply where the respondent to the motion for the new trial is the Crown.