Victorian Numbered Acts

CRIMINAL PROCEDURE ACT 2009 (NO. 7 OF 2009) - SECT 354

    (1)     If—

        (a)     an appeal under section 254 is struck out or dismissed; and

        (b)     the County Court is satisfied that the appeal was brought vexatiously or frivolously or in abuse of process—

the County Court may order that the appellant pay all or a specified portion of the respondent's costs of the appeal.

    (2)     Nothing in subsection (1) limits any discretion as to costs of an appeal conferred on the County Court by any other provision of this Act or the County Court Act 1958 .

    (3)     If the County Court is satisfied that—

        (a)     a copy of a notice of appeal under section 254 or 257 was served on the respondent; and

        (b)     the appeal was not afterwards prosecuted or the County Court has no jurisdiction to hear and determine the appeal—

the County Court may order that the appellant pay to the respondent any costs that it thinks reasonable.

    (4)     If an appellant under section 254—

        (a)     breaches an undertaking referred to in section 255(5); or

        (b)     abandons an appeal—

the County Court may order that the appellant pay any costs incurred as a result of the breach or abandonment.