sec.47Dismissing, striking out or deciding if unjustified proceeding or part

sec.47 Dismissing, striking out or deciding if unjustified proceeding or part

This section applies if the tribunal considers a proceeding or a part of a proceeding is— frivolous, vexatious or misconceived; or lacking in substance; or otherwise an abuse of process. The tribunal may— if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out; or for a part of a proceeding brought before the tribunal by a party other than the applicant for the proceeding— make its final decision in the proceeding in the applicant’s favour; or order that the party who brought the part before the tribunal be removed from the proceeding; or make a costs order against the party who brought the proceeding or part before the tribunal to compensate another party for any reasonable costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding or part. See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding. The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal’s own initiative. The tribunal’s power to act under subsection (2) is exercisable only by— the tribunal as constituted for the proceeding; or if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator. (sec.47-ssec.1) This section applies if the tribunal considers a proceeding or a part of a proceeding is— frivolous, vexatious or misconceived; or lacking in substance; or otherwise an abuse of process. (sec.47-ssec.2) The tribunal may— if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out; or for a part of a proceeding brought before the tribunal by a party other than the applicant for the proceeding— make its final decision in the proceeding in the applicant’s favour; or order that the party who brought the part before the tribunal be removed from the proceeding; or make a costs order against the party who brought the proceeding or part before the tribunal to compensate another party for any reasonable costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding or part. See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding. (sec.47-ssec.3) The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal’s own initiative. (sec.47-ssec.4) The tribunal’s power to act under subsection (2) is exercisable only by— the tribunal as constituted for the proceeding; or if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator.

• (a) frivolous, vexatious or misconceived; or
• (b) lacking in substance; or
• (c) otherwise an abuse of process.
• (a) if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out; or
• (b) for a part of a proceeding brought before the tribunal by a party other than the applicant for the proceeding— (i) make its final decision in the proceeding in the applicant’s favour; or (ii) order that the party who brought the part before the tribunal be removed from the proceeding; or
• (i) make its final decision in the proceeding in the applicant’s favour; or
• (ii) order that the party who brought the part before the tribunal be removed from the proceeding; or
• (c) make a costs order against the party who brought the proceeding or part before the tribunal to compensate another party for any reasonable costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding or part. Note— See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding.
• (i) make its final decision in the proceeding in the applicant’s favour; or
• (ii) order that the party who brought the part before the tribunal be removed from the proceeding; or
• (a) the tribunal as constituted for the proceeding; or
• (b) if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator.