sec.60Orders for costs

sec.60 Orders for costs

The P&E Court may make an order for costs for a P&E Court proceeding as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances— the P&E Court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct; A party (the first party ) with similar commercial interests to another party started a proceeding. The P&E Court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect. the P&E Court considers the proceeding to have been frivolous or vexatious; The P&E Court considers a proceeding was started or conducted without reasonable prospects of success. a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; a party is required to apply for an adjournment because of the conduct of another party; without limiting paragraph (d) , a party has introduced, or sought to introduce, new material; a party has defaulted in the P&E Court’s procedural requirements; the P&E Court considers an applicant for a development application or change application did not give all the information reasonably required to assess the development application or change application; the P&E Court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so; an applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding. In this section— change application means an application under the Planning Act , section 78 , other than for a minor change. referral agency means a referral agency under the Planning Act . s 60 amd 2017 No. 12 s 60 ; 2019 No. 11 s 231 s ch 1 pt 1 (sec.60-ssec.1) The P&E Court may make an order for costs for a P&E Court proceeding as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances— the P&E Court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct; A party (the first party ) with similar commercial interests to another party started a proceeding. The P&E Court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect. the P&E Court considers the proceeding to have been frivolous or vexatious; The P&E Court considers a proceeding was started or conducted without reasonable prospects of success. a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; a party is required to apply for an adjournment because of the conduct of another party; without limiting paragraph (d) , a party has introduced, or sought to introduce, new material; a party has defaulted in the P&E Court’s procedural requirements; the P&E Court considers an applicant for a development application or change application did not give all the information reasonably required to assess the development application or change application; the P&E Court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so; an applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding. (sec.60-ssec.2) In this section— change application means an application under the Planning Act , section 78 , other than for a minor change. referral agency means a referral agency under the Planning Act .