| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 84 |
| Determination date | 30 May 2017 |
| Member | D Appleton |
| Representation | R Donnelly ; L Wenborn |
| Location | Christchurch |
| Parties | Coomer v JA McCallum & Son Ltd |
| Summary | COSTS – Partially successful claims – Two day investigation meeting – Applicant sought $8,000 contribution towards costs and an award of $234 disbursements – Respondent sought $17,087 indemnity costs including the cost of business interruption for hearing attendance – Authority found respondent was more successful than applicant – No Calderbank offer – Nothing noteworthy for indemnity costs – No costs for business interruption – Appropriate to reduce daily tariff to one day to reflect respondent not wholly successful – Applicant to pay respondent $4,500 contribution towards costs |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Coomer v JA McCallum & Son Ltd [2017] NZERA Christchurch 75;Best Health Products Ltd v Nee [2016] NZEmpC 16;Bradbury v Westpac Banking Corporation [2009] NZCA 234;Fagotti v Acme & Co Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Christchurch_84.pdf [pdf 158 KB] |