Overview:

Costs – costs order sought by respondent – costs sought in accordance with High Court costs rules – Tribunal does not operate under those rules – appellant partly successful in appeal as to penalty but unsuccessful on other grounds – appellant represented by father who was not a lawyer – respondent claimed conduct of father in representing his son made the case unnecessarily protracted and difficult and caused respondent cost – Tribunal reviewed previous costs decisions – principles for awarding costs in Tribunal – practice of Tribunal has been to award costs only in exceptional circumstances – finely balanced and difficult case – Tribunal held that, even though there was an argument for making a modest costs award in favour of respondent on the basis of appellant’s father’s conduct as representative, other factors weighed against this – costs to lie where they fall and costs application dismissed.