Costs only if proceedings instituted vexatiously etc
337BC Costs only if proceedings instituted vexatiously etc
This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).
Section 329 does not apply to the proceedings.
The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).
The target may be ordered to pay the costs only if:
the court is satisfied that the target instituted the proceedings vexatiously or without reasonable cause; or
the court is satisfied that the target’s unreasonable act or omission caused the other party to incur the costs.
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