| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 43 |
| Determination date | 31 May 2017 |
| Member | M Loftus |
| Representation | B Bucket ; SJ Davies |
| Location | Wellington |
| Parties | Talbot v Coriglade Ltd t/a Geeks on Wheels |
| Summary | COSTS – Unsuccessful claims – Three day investigation meeting with later submissions – Respondent sought $26,117 contribution towards costs and $1,948 disbursements - Respondent made Calderbank offer – Authority found applicant’s attempts to produce inadmissible evidence, tabling of unnecessary offensive evidence, late inclusion of evidence, disorganisation and failure to address Calderbank offer warranted increase in daily tariff – No evidence of applicant’s inability to pay - Costs for three and a half days appropriate – Award for disbursements inappropriate as significant portion related to travel – Applicant to pay respondent $15,750 contribution towards costs |
| Result | Costs in favour of respondent ($15,750) |
| Main Category | Costs |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Gini v Literacy Training Ltd [2013] NZEmpC 25;O'Hagan v Waitomo Adventures Ltd [2013] NZEmpC 58;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Talbot v Coriglade Ltd [2016] NZERA Wellington 142;Walker v Procare Health Ltd [2012] NZEmpC 186 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Wellington_43.pdf [pdf 163 KB] |