The Tribunal held that the applicant contractor was entitled to costs incurred after 8 February 2023 under s 112 of the VCAT Act, having made a settlement offer of $30,000 that was more favourable than the ultimate order requiring the applicant to pay only $1,730.13; refused the respondent owner's application for costs under s 109 on the basis that it was not fair to order costs where neither party's claims were relatively stronger; and dismissed the respondent's application for damages in the nature of interest where there was insufficient evidence of deprivation of use of funds.
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