62Consequences of noncompliance with pt 5.2

62 Consequences of noncompliance with pt 5.2 (1) If a claimant does not comply with the requirements of this part, a court in which the claimant begins a proceeding based on the claim— (a) may, on a respondent’s application in the proceeding, award in the respondent’s favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant’s noncompliance; and (b) may only award interest in the claimant’s favour for a period for which the claimant was in noncompliance if the court is satisfied there is a reasonable excuse for the noncompliance. (2) If a respondent does not comply with the requirements of this part, a court in which the respondent defends a proceeding based on the claim may, on a claimant’s application in the proceeding, award in the claimant’s favour costs (including legal and investigation costs) reasonably incurred by the claimant because of the respondent’s Part 5.3 Obligations of parties to give documents and information