sec.102Costs against party in interests of justice

sec.102 Costs against party in interests of justice

The tribunal may make an order requiring a party to a proceeding to pay all or a stated part of the costs of another party to the proceeding if the tribunal considers the interests of justice require it to make the order. However, the only costs the tribunal may award under subsection (1) against a party to a proceeding for a minor civil dispute are the costs stated in the rules as costs that may be awarded for minor civil disputes under this section. In deciding whether to award costs under subsection (1) or (2) the tribunal may have regard to the following— whether a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including as mentioned in section 48 (1) (a) to (g) ; the nature and complexity of the dispute the subject of the proceeding; the relative strengths of the claims made by each of the parties to the proceeding; for a proceeding for the review of a reviewable decision— whether the applicant was afforded natural justice by the decision-maker for the decision; and whether the applicant genuinely attempted to enable and help the decision-maker to make the decision on the merits; the financial circumstances of the parties to the proceeding; anything else the tribunal considers relevant. (sec.102-ssec.1) The tribunal may make an order requiring a party to a proceeding to pay all or a stated part of the costs of another party to the proceeding if the tribunal considers the interests of justice require it to make the order. (sec.102-ssec.2) However, the only costs the tribunal may award under subsection (1) against a party to a proceeding for a minor civil dispute are the costs stated in the rules as costs that may be awarded for minor civil disputes under this section. (sec.102-ssec.3) In deciding whether to award costs under subsection (1) or (2) the tribunal may have regard to the following— whether a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including as mentioned in section 48 (1) (a) to (g) ; the nature and complexity of the dispute the subject of the proceeding; the relative strengths of the claims made by each of the parties to the proceeding; for a proceeding for the review of a reviewable decision— whether the applicant was afforded natural justice by the decision-maker for the decision; and whether the applicant genuinely attempted to enable and help the decision-maker to make the decision on the merits; the financial circumstances of the parties to the proceeding; anything else the tribunal considers relevant.

• (a) whether a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including as mentioned in section 48 (1) (a) to (g) ;
• (b) the nature and complexity of the dispute the subject of the proceeding;