LIQUOR CONTROL ACT 1988 - SECT 21

LIQUOR CONTROL ACT 1988 - SECT 21

21 .         Costs

        (1)         Subject to this Act, the costs of and incidental to all proceedings to be determined by the Commission, including any adjournment, shall be in the discretion of the Commission, and the Commission has power to determine by whom, in what manner and to what extent costs are to be paid.

        (2)         The costs may be recovered in any manner in which costs payable in respect of proceedings of the District Court may be recovered.

        [(3)         deleted]

        (4)         Costs and expenses, to be payable by or to a party to the proceedings, may be awarded by the Commission in respect of an objection whether the application to which the objection relates is granted, refused or withdrawn, except that costs shall not be awarded in relation to an objection made under section 73(1) by a person authorised to intervene under section 69(6), (7), (8) or (11).

        (5)         Where, in the opinion of the Commission, a person has —

            (a)         brought proceedings; or

            (b)         exercised a right, or attempted to exercise a purported right, to object to an application,

                frivolously or vexatiously, the Commission may award costs against that person.

        (6)         The Director does not have power to award costs.

        [Section 21 amended: No. 73 of 2006 s. 18 and 106.]