sec.792Parties to pay own costs for proceedings

### sec.792 Parties to pay own costs for proceedings Each party to a proceeding in a court under division 2 must bear the party’s own costs for the proceeding. However, the court may order costs for the proceeding, including allowances to witnesses attending for giving evidence at the proceeding, as it considers appropriate in the following circumstances— the court considers the proceeding was started merely to delay or obstruct; the court considers the proceeding, or part of the proceeding, to have been frivolous or vexatious; a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; a party has incurred costs because the party is required to apply for an adjournment because of the conduct of another party; a party has incurred costs because another party has defaulted in the court’s procedural requirements; without limiting paragraph (d) , a party has incurred costs because another party has introduced, or sought to introduce, new material; a party to the proceeding does not properly discharge its responsibilities in the proceedings. If the court makes an order under subsection (2) , the court may also order the party ordered to pay costs under subsection (2) to pay to the other party an amount as compensation for loss or damage suffered by the other party because of the proceeding if the court considers— the proceeding was started merely to delay or obstruct; or the proceeding, or part of the proceeding, to have been frivolous or vexatious. (sec.792-ssec.1) Each party to a proceeding in a court under division 2 must bear the party’s own costs for the proceeding. (sec.792-ssec.2) However, the court may order costs for the proceeding, including allowances to witnesses attending for giving evidence at the proceeding, as it considers appropriate in the following circumstances— the court considers the proceeding was started merely to delay or obstruct; the court considers the proceeding, or part of the proceeding, to have been frivolous or vexatious; a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; a party has incurred costs because the party is required to apply for an adjournment because of the conduct of another party; a party has incurred costs because another party has defaulted in the court’s procedural requirements; without limiting paragraph (d) , a party has incurred costs because another party has introduced, or sought to introduce, new material; a party to the proceeding does not properly discharge its responsibilities in the proceedings. (sec.792-ssec.3) If the court makes an order under subsection (2) , the court may also order the party ordered to pay costs under subsection (2) to pay to the other party an amount as compensation for loss or damage suffered by the other party because of the proceeding if the court considers— the proceeding was started merely to delay or obstruct; or the proceeding, or part of the proceeding, to have been frivolous or vexatious. - (a) the court considers the proceeding was started merely to delay or obstruct; - (b) the court considers the proceeding, or part of the proceeding, to have been frivolous or vexatious; - (c) a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; - (d) a party has incurred costs because the party is required to apply for an adjournment because of the conduct of another party; - (e) a party has incurred costs because another party has defaulted in the court’s procedural requirements; - (f) without limiting paragraph (d) , a party has incurred costs because another party has introduced, or sought to introduce, new material; - (g) a party to the proceeding does not properly discharge its responsibilities in the proceedings. - (a) the proceeding was started merely to delay or obstruct; or - (b) the proceeding, or part of the proceeding, to have been frivolous or vexatious.