18Costs

18 Costs

(1)  Subject to an order of the Tribunal and the provisions of a relevant Act, if the Tribunal has not ordered the payment, in relation to proceedings, of a lump sum in costs –

(a) costs, in relation to the proceedings, awarded by the Tribunal are to be assessed –

(i) at the percentage, determined by the Tribunal, of the scale of costs applicable from time to time for the purposes of the Supreme Court Civil Procedure Act 1932 ; or

(ii) if no other percentage is determined by the Tribunal – at 75% of the scale of costs applicable from time to time for the purposes of the Supreme Court Civil Procedure Act 1932 ; and

(b) if costs are not agreed by the parties, the Tribunal may, on the application of a party, determine the amount of costs payable.

(2)  In determining the costs to be awarded to a party to proceedings, the Tribunal may take into account that the party did not accept an offer as favourable as, or more favourable than, the Tribunal’s order or decision in the proceedings.

(3)  A registrar may, at the direction of the President, constitute the Tribunal for the purposes of this rule.