Tribunal orders in relation to proceedings
150 Tribunal orders in relation to proceedings
S. 150(1)–(3) repealed by No. 86/1989 s. 20(2).
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S. 150(4) amended by No. 52/1998 s. 191(1).
If any proceedings are brought before the Tribunal under this Act and the Tribunal is satisfied that—
S. 150(4)(a) amended by No. 128/1993 s. 26(1).
the proceedings have been brought vexatiously or frivolously or primarily to secure or maintain a direct or indirect commercial advantage for the person who brought the proceedings; and
any other person has suffered loss or damage as a result of the proceedings—
the Tribunal may order the person who brought the proceedings to pay to that other person an amount assessed by the Tribunal as compensation for the loss or damage and an amount for costs.
S. 150(5) amended by No. 5/1988 s. 5(b).
(5) If the Tribunal is satisfied that a third party (being a person other than the person who brought proceedings to which subsection (4) applies) sponsored the bringing of the proceedings, the Tribunal after giving the third party an opportunity to be heard, may order the third party to pay the whole or any part of the compensation and costs referred to in subsection (4) either jointly with or in place of the person who brought the proceedings.
S. 150(6) inserted by No. 128/1993 s. 26(2).
The Tribunal may make an order under subsection (4) whether or not the responsible authority has under section 57 rejected an objection by the person bringing the proceedings on the ground that it was made primarily to secure or maintain a direct or indirect commercial advantage for the objector.
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