| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 277 |
| Determination date | 28 June 2011 |
| Member | E Robinson |
| Representation | K Single ; E Coates |
| Parties | Butler v Professional Public Relations NZ Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Applicant sought $10,000 contribution to $27,000 total costs plus $4,000 disbursements - Respondent made Calderbank offer - Applicant made counter-offer - Respondent claimed Calderbank offer should effect order of costs as applicant unsuccessful before Authority - Respondent claimed 80 percent of legal fees incurred after applicant rejected Calderbank offer - Applicant claimed cost award sought by respondent would have effect of punishing applicant - Applicant claimed respondent's disbursements incurred unnecessarily - Authority accepted 80 percent of respondent's legal fees incurred after Calderbank offer rejected - Found sufficient time for applicant to consider Calderbank offer - Found respondent's costs reasonable - Respondent to pay $10,000 contribution to applicant's costs |
| Result | Costs in favour of applicant ($10,000); Disbursements in favour of applicant ($4,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Calderbank v Calderbank [1976] Fam 93;Health Waikato Limited v Van Der Sluis [1997] ERNZ 236;Health Waikato Limited v Elmsley [2004] ERNZ 172;PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_277.pdf [pdf 16 KB] |