| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 48 |
| Determination date | 22 March 2012 |
| Member | H Doyle |
| Representation | G Allan, M Logan ; J Goldstein |
| Location | Christchurch |
| Parties | NZ Marine Turbochargers Ltd v Hillerby |
| Summary | COSTS – Employment relationship problem withdrawn – No investigation meeting – Respondent sought $9,000 full indemnity costs – Respondent claimed applicant effectively made allegations of fraud against respondent and commenced proceedings for ulterior motives making it difficult for respondent to operate business – Respondent claimed regard should be had to urgency sought by applicant, applicant’s refusal to agree to adjournment, lack of substance of claim and way applicant dealt with matter which increased respondent’s costs – Applicant opposed order for costs but argued if one was to be made it should be on confined basis – Applicant claimed had not conceded merits of position but was left with little option once let down by expert witness – Authority not satisfied elements that warrant award of indemnity costs were present – Found respondent took all preparatory steps for investigation meeting and was put to considerable expense – Found unfair to award significantly less than what would have been awarded if matter had progressed given very late withdrawal of claim – Applicant to pay $3,000 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($251)(airfare) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westbank Banking Corporation [2009] NZCA 234;Pars Transport Ltd v Lardelli unreported, Shaw J, 13 December 2006, WC25/06;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_48.pdf [pdf 25 KB] |