Under 91 of the WHRS Act 2006 the WHT is able to order a party to pay costs/expenses of another party if it considers that the party has caused those costs and expenses to be incurred unnecessarily by bad faith of that party or allegations/objections that are without substantial merit.
Three recent decisions have considered the circumstances in which it is appropriate for the Weathertight Homes Tribunal to award costs against a party. These are:
Riveroaks Farm Ltd v Holland (HC, Akld, 16 February 2011, Allan J) – decision of WHT to award costsof $36,312.38 against leaky home claimants quashed.
Max Grant Architects Ltd & anor v Holland & ors (DC, Akld, 15 Februray 2011, Joyce QC DCJ)- WHT decision not to award costs to a successful party set aside and case sent back to WHT for it to fix the costs’ amount.
Mok v Boyd & ors (WHT, Akld, 18 January 2011, Pezaro) – WHT awards costs of $63,251.14 against unsuccessful leaky home claimants and $19,297.74 against unsuccessful cross claimant.
Tags: Leaky Home