(1) Subject to
subsections (2) and (3), an order or decision made by the Supreme Court in
review proceedings may be made on such terms and conditions (including terms
and conditions as to costs) as the Supreme Court thinks fit.
(2) If the agency is
the appellant under section 85 it bears its own costs.
(3) The Commissioner
is liable for his or her own costs in relation to a reference under section 78
but otherwise is not liable for any costs in respect of his or her decisions
or review proceedings.