In Dunedin Canmore Housing Association Limited v Donaldson, the EAT has held that where a claimant brings proceedings based on false assertions, the tribunal should award costs to the defending party. The parties had entered into a compromise agreement under which Ms Donaldson was to receive a payment from Dunedin and was obliged to keep the terms of the agreement strictly confidential. When it discovered that she had breached the confidentiality obligation, Dunedin withheld payment and Ms Donaldson subsequently brought proceedings asserting that she was not in breach. The tribunal found that that assertion was false and that she had in fact disclosed the existence of the agreement to two separate individuals. Despite this, however, the tribunal did not grant an order of costs as it felt that the proceedings were necessary and that Ms Donaldson had no alternative but to bring the proceedings to force Dunedin to pay. The EAT disagreed. As the tribunal had found that Ms Donaldson had lied under oath, it was clear that she had not approached the essential factual matters at the heart of her case honestly and reasonably. As such, it was appropriate for the tribunal to award costs against her. The EAT considered that it was also important to make it clear that it was unacceptable to cause expense to another party by bringing proceedings on that basis.