Abdou and Victorian Building Authority

The proceeding concerned an application by the Victorian Building Authority (VBA) for costs against Mr. Abdou following the dismissal of his application for review. The VBA sought costs pursuant to section 35 of the *Mutual Recognition Act 1992* (Cth), arguing that Mr. Abdou's actions in the proceedings were unreasonable.

The primary legal issue before the Tribunal was whether costs should be awarded against Mr. Abdou under section 35 of the *Mutual Recognition Act 1992*. This required the Tribunal to consider the meaning of "costs" and "proceedings" within the context of the Act, and to determine if Mr. Abdou's conduct during the proceedings could be characterised as unreasonable, thereby justifying an order for costs in favour of the VBA.

The Tribunal found that the VBA was not entitled to an award of costs under section 35 of the *Mutual Recognition Act 1992*. The Tribunal interpreted the term "proceedings" in section 35 to refer to the substantive merits of the application for review, rather than the conduct of the parties during the proceedings. As Mr. Abdou's application had been dismissed on its merits, the Tribunal concluded that the threshold for awarding costs under section 35 had not been met. Consequently, no order for costs was made.