| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 162 |
| Determination date | 09 August 2013 |
| Member | D Appleton |
| Representation | J Burley ; P Shaw |
| Parties | RCG Ltd v Bercich |
| Summary | COSTS – Unsuccessful breach of contract claim and successful penalty claim – Three days investigation meeting – Respondent sought $17,250 indemnity costs – Applicant sought contribution towards costs – Respondent made $12,000 Calderbank offer – Authority found Calderbank offer represented substantially better opportunity for applicant than result achieved – Found appropriate to consider Calderbank offer even though letter did not address vindication for applicant – Found appropriate for applicant to make contribution towards respondent’s costs but indemnity costs not appropriate – Applicant to pay respondent $11,500 contribution towards costs |
| Result | Costs in favour of respondent ($11,500) |
| Main Category | Costs |
| Statutes | ERA s4 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;RCG Ltd v Bercich [2013] NZERA Christchurch 36;RCG Ltd v Bercich [2013] NZERA Christchurch 83 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_162.pdf [pdf 221 KB] |