| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 20 |
| Determination date | 31 March 2017 |
| Member | T MacKinnon |
| Representation | S Dodunski ; P Robertson |
| Location | Wellington |
| Parties | Shaw v New Plymouth Club Inc. |
| Summary | COSTS – Unsuccessful personal grievance claim – One and a half days investigation meeting – Respondent sought $8,000 contribution towards costs – Respondent made $5,000 Calderbank offer – Applicant legally aided - Costs associated with briefing witness and attending hearing ordinary costs involved in defending claim - Applicant’s refusal of Calderbank offer did not constitute exceptional circumstances allowing costs award against legally aided person - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Legal Services Act 2011 s45(2) ; Legal Services Act 2011 s45(3)(a) ; Legal Services Act 2011 s45(3)(e) ; Legal Services Act 2011 s45(5) |
| Cases Cited | Awa v Independent News Auckland Ltd (No2) [1996] 2 NZLR 184 (HC);Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1;Laverty v Para Franchising Ltd [2006] 1 NZLR 650 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Shaw v New Plymouth Club Inc [2016] NZERA Wellington 137 |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Wellington_20.pdf [pdf 103 KB] |