Appeal Costs Fund Act 1973
sec.4Interpretation
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sec.4 Interpretation
In this Act— appeal includes an order to review, a case stated for the opinion or determination of a superior court on a question of law, a question of law reserved in the form of a special case for the opinion of a superior court, a motion for a new trial and any other proceeding in the nature of an appeal. appellant includes the next friend of an infant or person under disability or the guardian ad litem of any person. approved form means a form approved under section 25A . s 4 def approved form ins 2010 No. 42 s 8 assessed , in relation to costs, includes taxed. s 4 def assessed ins 2002 No. 34 s 74 sch 6 board means the Appeal Costs Board constituted under this Act. costs , in relation to an appeal, include the costs of an application for an indemnity certificate in respect of an appeal but do not include costs incurred in a court of first instance except where otherwise expressly provided. court includes any board, other body or person from whose decision there is an appeal to a superior court on a question of law or which 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. fund means the Appeal Costs Fund established under this Act. guideline proceeding see the Penalties and Sentences Act 1992 , section 15AA . s 4 def guideline proceeding ins 2011 No. 7 s 13 indemnity certificate means an indemnity certificate granted under this Act. proper officer , used in relation to a court, means— in the case of the Supreme Court or the District Court—the registrar; in the case of a Magistrates Court—the clerk of the court. s 4 def proper officer amd 1999 No. 19 s 3 sch respondent includes the next friend of an infant or person under disability or the guardian ad litem of any person. sequence of appeals means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the decision in that other appeal. s 4 amd 1990 No. 80 s 3 sch 6 ; 1991 No. 97 s 3 sch 1 ; 2002 No. 34 s 74 sch 6
- (a) in the case of the Supreme Court or the District Court—the registrar;
- (b) in the case of a Magistrates Court—the clerk of the court.