New South Wales Consolidated Acts

CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 - SECT 30

30 Proceedings causing disadvantage

(1) This section applies if the Tribunal is of the opinion that a party in any proceedings is conducting the proceedings in such a way that unreasonably disadvantages another party in the proceedings by any conduct (including by failing to comply with an order or direction of the Tribunal).

(2) The Tribunal may:

(a) if the party causing the disadvantage is the applicant-order that the proceedings (or part of the proceedings) be dismissed or struck out, or

(b) if the party causing the disadvantage is not the applicant:

(i) determine the proceedings (or part of the proceedings) in favour of the applicant and make any appropriate orders, or

(ii) order that the party causing the disadvantage be struck out of the proceedings (or part of the proceedings).

(3) Before making any order under subsection (2) against a party, the Tribunal is to have regard to the following:

(a) the extent to which the party is familiar with the procedures of the Tribunal,

(b) the party’s capacity to understand, and act on, a direction of the Tribunal,

(c) whether the party suffers from a disability,

(d) whether the party is acting deliberately in failing to comply with the Tribunal’s directions.