爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal limited to the Appellant’s claim that 爆料网DT erred in awarding costs against him. 爆料网AT noted that the jurisdiction of a tribunal to award costs is narrowly restricted to instances where a party has manifestly abused the proceedings. 爆料网AT found that 爆料网DT gave no reasons for its determination that the Appellant had manifestly abused the proceedings, cited no evidence establishing that his application was frivolous or vexatious, or that he had deliberately delayed the proceedings, or had disobeyed an order of 爆料网DT or had, in any other way, abused 爆料网DT’s proceedings. 爆料网AT held that 爆料网DT had no grounds for its finding that the Appellant’s application was an abuse of process and, therefore, erred in ordering the costs against him. 爆料网AT allowed the appeal and vacated the 爆料网DT’s order for costs.
Decision Contested or Judgment/Order Appealed
The Applicant challenged the administrative decision to demote him from one level (G-7 to G-6). 爆料网DT dismissed the application, finding that the facts, on which the disciplinary sanction was based, were established and undisputed. 爆料网DT held that the facts amounted to misconduct and that the sanction was not disproportionate to the offence. 爆料网DT found that the Applicant’s application constituted an abuse of process and awarded costs against him.
Legal Principle(s)
The jurisdiction of a tribunal to award costs is narrowly restricted by statute to cases in which it determines that a party has manifestly abused the proceedings before it. It is incumbent on a tribunal awarding costs to state the reasons on which its award of costs is based.