(1) The Tribunal may make a costs order.
(2) Before making the costs order the Tribunal must take into account:
(a) the main objectives of the Tribunal that are relevant to simplifying proceedings and issues before the Tribunal and to keeping costs to parties in proceedings before the Tribunal to a minimum; and
(b) the need to ensure that proceedings are fair and that parties are not disadvantaged by proceedings that have little or no merit; and
(ba) the expectation that a party who has substantially succeeded against another party would normally recover:
(i) any fee paid by the successful party that was required under this Act; and
(ii) any fee paid by the successful party to serve documents, conduct a search or obtain a similar service, if it was necessary and reasonable to make or respond to an application; and
(c) if the Tribunal has dismissed the proceeding – that fact; and
(d) any other matter specified by the rules; and
(e) any other matter the Tribunal considers relevant.
(3) If the Tribunal makes a costs order and does not fix the amount of costs, that amount is to be determined in accordance with the rules.