| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108A/03 |
| Hearing date | 29 Aug 2003 |
| Determination date | 02 September 2003 |
| Member | G J Wood |
| Representation | R Davidson ; J McMillan |
| Location | Wellington |
| Parties | Kerr v Associated Aviation (Wellington) Ltd |
| Summary | COSTS - Unsuccessful breach of settlement claim - Full costs of $9,308 sought - Alleged applicant prolonged proceedings - Applicant legally aided - Alleged costs should lie where they fall - Noted costs had been awarded against applicant in previous hearing despite being legally aided - Possible exceptional circumstances - Applicant had no resources or ability to meet costs ad uncertain future employment situation - Oppressive to award costs against applicant even on instalment basis - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Cases Cited | Kelly v Accident Rehabilitation and Compensation Insurance Corporation unreported, Palmer J, 4 October 1999, WC 13A/99 |
| Number of Pages | 2 |
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