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s 4

Costs against party in interests of justice

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Schedule 2Costs provisions for proceedings under Anti-Discrimination Act 1991

4 Costs against party in interests of justice

(1)

The commission may make an order requiring a party to the proceeding to pay all or a stated part of the costs of another party to the proceeding if the commission considers the interests of justice require it to make the order.

(2)

In deciding whether to award costs under subsection (1) the commission may have regard to the following—

(a)

whether a party to the proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding;

(b)

the nature and complexity of the proceeding;

(c)

the relative strengths of the claims made by each of the parties to the proceeding;

(e)

the financial circumstances of the parties to the proceeding;

(f)

anything else the commission considers relevant.

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