v v Y & Anor; X v Y & Anor

The applicants in this case sought an order for the respondents to pay costs incurred in relation to proceedings before the Tribunal. The applicants argued that the proceedings were commenced without reasonable cause and were continued without reasonable prospects of success. The respondents denied liability for costs and argued that the proceedings were reasonable and justified. The case was heard by the Tribunal, which had jurisdiction to determine the matter under relevant legislation.

The central legal issue for the Tribunal to decide was whether the respondents were liable to pay the applicants' costs. This required the Tribunal to consider whether the proceedings were commenced and continued without reasonable cause and prospects of success. The Tribunal had to assess the reasonableness of the respondents' conduct in initiating and continuing the proceedings, including whether they had a genuine belief in the merits of their case and whether they acted in a manner consistent with the law and the rules of court.

The Tribunal found that the respondents were liable to pay the applicants' costs. It determined that the proceedings were commenced without reasonable cause and were continued without reasonable prospects of success. The Tribunal found that the respondents lacked a genuine belief in the merits of their case and acted unreasonably in continuing the proceedings. It concluded that the respondents' conduct was vexatious and oppressive, and therefore, they were liable for the costs incurred by the applicants. The Tribunal ordered that the respondents be jointly and severally liable to each applicant for the costs referred, and that the amount of the costs be agreed between the parties within sixty days. If the parties were unable to agree on the amount of costs, the Tribunal ordered that the costs be assessed pursuant to the Legal Profession Act 1987.