The Tribunal ordered the self-represented complainant to pay the second respondent's costs of the appeal on a party/party basis at 75% of the Supreme Court scale, with costs to be taxed by a Registrar if not agreed. Section 111 of the Property Agents and Land Transactions Act 2016 (Tas) confers an unfettered discretion to award costs, displacing the default TASCAT presumption under s 120(1) that parties bear their own costs. A finding that an appeal was frivolous or vexatious is not a prerequisite to a costs order; the lack of evidentiary cogency in the appeal and the volume of material requiring the respondent to retain solicitors were sufficient on the facts to justify the award. Access to justice and proportionality arguments raised by the self-represented complainant did not displace the exercise of discretion.
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