sec.109Security

sec.109 Security

This section applies if, under this Act or an enabling Act, the tribunal may award a party’s costs for a proceeding. On the application of a party ( applicant party ) to the proceeding against whom a claim is made or an outcome or decision sought in a proceeding, the tribunal may make an order— requiring another party to the proceeding to give security for the applicant party’s costs within the period stated in the order; and staying the proceeding, or the part of the proceeding against the applicant party, until the security is given. If the security is not given within the period stated in the order, the tribunal may make an order dismissing the proceeding, or the part of the proceeding against the applicant party. In deciding whether to make an order under subsection (1) , the tribunal may have regard to any of the following matters— the financial circumstances of the parties to the proceeding; the prospects of success or merits of the proceeding or the part of the proceeding against the applicant party; the genuineness of the proceeding or the part of the proceeding against the applicant party; anything else the tribunal considers relevant. (sec.109-ssec.1) This section applies if, under this Act or an enabling Act, the tribunal may award a party’s costs for a proceeding. (sec.109-ssec.2) On the application of a party ( applicant party ) to the proceeding against whom a claim is made or an outcome or decision sought in a proceeding, the tribunal may make an order— requiring another party to the proceeding to give security for the applicant party’s costs within the period stated in the order; and staying the proceeding, or the part of the proceeding against the applicant party, until the security is given. (sec.109-ssec.3) If the security is not given within the period stated in the order, the tribunal may make an order dismissing the proceeding, or the part of the proceeding against the applicant party. (sec.109-ssec.4) In deciding whether to make an order under subsection (1) , the tribunal may have regard to any of the following matters— the financial circumstances of the parties to the proceeding; the prospects of success or merits of the proceeding or the part of the proceeding against the applicant party; the genuineness of the proceeding or the part of the proceeding against the applicant party; anything else the tribunal considers relevant.

• (a) requiring another party to the proceeding to give security for the applicant party’s costs within the period stated in the order; and
• (b) staying the proceeding, or the part of the proceeding against the applicant party, until the security is given.
• (a) the financial circumstances of the parties to the proceeding;
• (b) the prospects of success or merits of the proceeding or the part of the proceeding against the applicant party;