| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 246 |
| Determination date | 08 November 2012 |
| Member | H Doyle |
| Representation | M Henderson, N Pointer ; E Coats |
| Parties | Cook v Magnummac Ltd |
| Summary | COSTS – Partially successful claims – One and a half days investigation meeting – Applicant sought $16,326 contribution towards costs and disbursements – Applicant made $45,000 Calderbank offer and respondent made $7,500 and $10,000 Calderbank offers – Authority found increase to daily tariff appropriate to reflect fact claim not straightforward – Found applicant’s Calderbank offer slightly below remedies awarded but offer not certain as not clear as to apportionment of total amount between taxable and non-taxable amounts – Found indemnity costs not appropriate – Respondent to pay applicant $5,950 contribution towards costs |
| Result | Costs in favour of applicant ($5,950) ; Disbursements in favour of applicant ($950)(travel expenses)($71.56)(filing fee)($153.33)(hearing fee) |
| Main Category | Costs |
| Cases Cited | Graham v Airways Corp of New Zealand Ltd (2004) 7 NZELC 97,421;Health Waikato Ltd v Van der Sluis [1997] ERNZ 236;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear (2006) 4 NZELR 59 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_246.pdf [pdf 215 KB] |