| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 114 |
| Determination date | 24 September 2013 |
| Member | M Ryan |
| Representation | B Buckett ; Respondent in person |
| Parties | Milne v New Leaf Beauty Ltd |
| Summary | COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $15,451 indemnity costs - Applicant made Calderbank offer - Respondent claimed costs should lie where they fall as costs award would place undue hardship on company in financial difficulty - Authority found Calderbank offer not relevant as made when respondent had not seen applicant's briefs - Found as respondent still trading financial hardship not sufficient to warrant no award of costs - Respondent to pay applicant $3,500 contribution towards costs |
| Result | Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Statutes | Companies Act 1993;EAR r6 |
| Cases Cited | Bradbury & Ors v Westpac Banking Corp [2009] NZCA 234;Gamble v Agresearch, Unreported, Couch J, 10 Sep 2009 CC 6A/09;Milne v New Leaf Beauty Ltd, unreported, M Ryan, 24 Sep 2013, [2013] NZERA Wellington 114;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Watson v New Zealand Electrical Trades Ltd t/a Bray Switchgear (2006) 4 NZELR 59 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_114.pdf [pdf 105 KB] |