115CPresumption of order for reimbursement of fees to successful party in certain proceedings

115C Presumption of order for reimbursement of fees to successful party in certain proceedings (1) This section applies to the following proceedings— (a) a proceeding relating to a small claim within the meaning of Part 2AB of Schedule 1; (b) a proceeding under the **Domestic Building Contracts Act 1995**; (c) a proceeding under the **Owners Corporations Act 2006**, other than a proceeding on an application for review under section 191 of that Act; S. 115C(1)(d) repealed by No. 3/2016 s. 15, new s. 115C(1)(d) inserted by No. 38/2017 s. 72. (d) a proceeding under section 114, 120 or 149A of the **Planning and Environment Act 1987**; (e) a proceeding of a kind prescribed by the regulations for the purposes of this section. (2) Subject to subsection (3), a party who has substantially succeeded against another party in a proceeding to which this section applies is entitled to an order under section 115B that the other party reimburse the successful party the whole of any fees paid by the successful party in the proceeding. (3) Subsection (2) does not apply if the Tribunal orders otherwise, having regard to— (a) the nature of, and issues involved in, the proceeding; and (b) the conduct of the parties (whether occurring before or during the proceeding), including whether the successful party has caused unreasonable delay in the proceeding or has failed to comply with an order or direction of the Tribunal without reasonable excuse. ***successful party***, in relation to a proceeding, means a party who has substantially succeeded against another party in the proceeding. S. 115CA inserted by No. 62/2014 s. 36. 115CA Presumption of order for reimbursement of fees in certain planning matters (1) Subject to subsections (2) and (3), an applicant to the Tribunal under section 79 of the **Planning and Environment Act 1987** is entitled to an order under section 115B that the responsible authority reimburse the applicant the whole of any fees paid by the applicant in the proceeding. Section 79 of the **Planning and Environment Act 1987** enables an applicant for a planning permit to apply to the Tribunal for review of a failure of the responsible authority to grant the permit within the prescribed time. (2) If different fees are payable in a proceeding under section 79 of the **Planning and Environment Act 1987** depending on an election made by the applicant, subsection (1) applies to entitle the applicant to an order for reimbursement of only the amount of the lowest of those fees. If different fees are payable depending on the list of the Tribunal in which the applicant elects to have the proceeding entered, then if the applicant elects to have the proceeding entered in a list that attracts a higher fee, the applicant would only be entitled under subsection (1) to an order for reimbursement of the amount of the lowest of those fees. (3) Subsection (1) does not apply if the responsible authority satisfies the Tribunal that there was reasonable justification for the responsible authority to fail to grant the permit before the application to the Tribunal, having regard to— (a) the nature and complexity of the permit application; and (b) the conduct of the applicant in relation to the permit application; and (c) any other matter beyond the reasonable control of the responsible authority. S. 115D inserted by No. 23/2014 s. 14.