| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 165 |
| Determination date | 09 August 2012 |
| Member | C Hickey |
| Representation | Q Davies, L Murdoch ; A Russell |
| Location | Christchurch |
| Parties | Dolev v Netafim Australia Pty Ltd |
| Summary | COSTS – Partially successful claims – Two days investigation meeting – Respondent sought $10,000 contribution towards costs – Respondent made $6,000 Calderbank offer – Authority found applicant’s rejection of Calderbank offer caused greater cost to respondent than necessary and usual principle costs follow event did not apply - Found respondent’s initial failure to produce documents caused unnecessary cost for applicant - Found respondent not wholly successful in defending applicant’s claims – Applicant to pay respondent $3,500 contribution towards costs |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;ERA Second Schedule cl16 |
| Cases Cited | Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;Hira Bhana & Co Ltd v PGG Wrightson Ltd [2007] NZCA 342;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_165.pdf [pdf 221 KB] |