National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 2 - Civil proceedings  

Subdivision D - Other matters  

SECTION 200   COSTS ONLY IF PROCEEDINGS BROUGHT VEXATIOUSLY ETC.  

200(1)   [ Power of court]  

In proceedings that:

(a) are dealt with as small claims proceedings (see section 199 ); or

(b) relate to section 74 , 96 , 177D or 179K of the National Credit Code (which deal with hardship and postponement orders);

a party to the proceedings may be ordered by the court to pay costs incurred by another party to the proceedings only in accordance with subsection (2).

200(2)   [ When court may order costs]  

The party may be ordered to pay the costs only if:

(a) the court is satisfied that the party brought the proceedings vexatiously or without reasonable cause; or

(b) the court is satisfied that the party ' s unreasonable act or omission caused the other party to incur the costs.