building owner if the determination of the Tribunal is— (a) to affirm the decision to issue the dispute resolution order, including a dispute resolution order that includes a finding referred to in section 49D(1) of the Domestic Building Contracts or Act 1995; (b) to vary the dispute resolution order to increase the obligations on the building owner or to decrease the obligations on the builder. (5) In determining whether to award costs under this clause, the Tribunal must consider— (a) whether the application was vexatious, frivolous or lacking in substance; and (b) any certificate of conciliation relating to the domestic building work dispute to which the dispute resolution order relates; and (c) any other matter the Tribunal considers relevant.". Division 1—Interpretation
building owner if the determination of the Tribunal is— (a) to affirm the decision to issue the dispute resolution order, including a dispute resolution order that includes a finding referred to in section 49D(1) of the Domestic Building Contracts Act 1995; or (b) to vary the dispute resolution order to increase the obligations on the building owner or to decrease the obligations on the builder. (5) In determining whether to award costs under this clause, the Tribunal must consider— (a) whether the application was vexatious, frivolous or lacking in substance; and (b) any certificate of conciliation relating to the domestic building work dispute to which the dispute resolution order relates; and (c) any other matter the Tribunal considers relevant.". Division 1—Interpretation