| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 33 |
| Determination date | 23 February 2012 |
| Member | D Appleton |
| Representation | H Mckinnon ; J Levenbach |
| Location | Christchurch |
| Parties | Chamberlain v Dynamic Compost Tea Ltd |
| Summary | COSTS – Unsuccessful personal grievance and arrears claim – Successful claim for unpaid business expenses – Two day investigation meeting – Respondent sought contribution to costs – Respondent successful in counterclaim for breach of contract – Applicant in receipt of legal aid – Respondent claimed exceptional circumstances in manner in which applicant pursued personal grievance – Respondent claimed applicant failed to respond to settlement offer – Authority found applicant did reject offer – Respondent claimed applicant’s representatives took over two months to advise legal aid granted – Found delay not material in increasing costs – Found fact applicant had two qualified and experienced lawyers preparing for investigation meeting did not have any bearing on respondent’s costs – Respondent claimed applicant provided evidence at investigation meeting that was not factually correct and made 21 complaints against respondent – Found applicant did not engage in misleading or deceitful conduct that would satisfy exceptional circumstances – Found circumstances surrounding applicant’s resignation uncertain and complex enough to justify applicant pursuing personal grievance – Applicant claimed respondent’s Calderbank offer in nature of walk away offer, ranking applicant’s chance of success zero and rejecting litigation risk for respondent – Found respondent acknowledged some risk – Found applicant did engage in mediation and not unreasonable in rejecting offer – Found applicant’s failure to accept Calderbank offer not exceptional circumstance – Found respondent’s hardship as result of applicant’s claim not out of ordinary – Found no exceptional circumstances which would justify award of costs against applicant in view of applicant being legally aided – $6,000 contribution to costs appropriate had applicant not been legally aided – No order for costs |
| Result | No order for costs |
| Main Category | Costs |
| Statutes | Legal Services Act 2011 s41(1);Legal Services Act 2011 s41(2);Legal Services Act 2011 s41(3);Legal Services Act 2011 s41(4);Legal Services Act 2011 s41(5);Legal Services Act 2011 s45;Legal Services Act 2011 s45(2);Legal Services Act 2011 s45(3);Legal Services Act 2011 s46 |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808;Wadley v Salon D’Orsay Ltd [1988] ERNZ 369 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Christchurch_33.pdf [pdf 32 KB] |