sec.48Dismissing, striking out or deciding if party causing disadvantage

sec.48 Dismissing, striking out or deciding if party causing disadvantage

This section applies if the tribunal considers a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including by— not complying with a tribunal order or direction without reasonable excuse; or not complying with this Act, an enabling Act or the rules; or asking for an adjournment as a result of conduct mentioned in paragraph (a) or (b) ; or causing an adjournment; or attempting to deceive another party or the tribunal; or vexatiously conducting the proceeding; or failing to attend conciliation, mediation or the hearing of the proceeding without reasonable excuse. The tribunal may— if the party causing the disadvantage is the applicant for the proceeding, order the proceeding be dismissed or struck out; or if the party causing the disadvantage is not the applicant for the proceeding— make its final decision in the proceeding in the applicant’s favour; or order that the party causing the disadvantage be removed from the proceeding; or make an order under section 102 , against the party causing the disadvantage, to compensate another party for any reasonable costs incurred unnecessarily. See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding. In acting under subsection (2) , the tribunal must have regard to the following— the extent to which the party causing the disadvantage is familiar with the tribunal’s practices and procedures; the capacity of the party causing the disadvantage to understand, and act on, the tribunal’s orders and directions; whether the party causing the disadvantage is acting deliberately. 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. s 48 amd 2019 No. 12 s 28 (sec.48-ssec.1) This section applies if the tribunal considers a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including by— not complying with a tribunal order or direction without reasonable excuse; or not complying with this Act, an enabling Act or the rules; or asking for an adjournment as a result of conduct mentioned in paragraph (a) or (b) ; or causing an adjournment; or attempting to deceive another party or the tribunal; or vexatiously conducting the proceeding; or failing to attend conciliation, mediation or the hearing of the proceeding without reasonable excuse. (sec.48-ssec.2) The tribunal may— if the party causing the disadvantage is the applicant for the proceeding, order the proceeding be dismissed or struck out; or if the party causing the disadvantage is not the applicant for the proceeding— make its final decision in the proceeding in the applicant’s favour; or order that the party causing the disadvantage be removed from the proceeding; or make an order under section 102 , against the party causing the disadvantage, to compensate another party for any reasonable costs incurred unnecessarily. See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding. (sec.48-ssec.3) In acting under subsection (2) , the tribunal must have regard to the following— the extent to which the party causing the disadvantage is familiar with the tribunal’s practices and procedures; the capacity of the party causing the disadvantage to understand, and act on, the tribunal’s orders and directions; whether the party causing the disadvantage is acting deliberately. (sec.48-ssec.4) The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal’s own initiative. (sec.48-ssec.5) 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.