| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/03 |
| Determination date | 03 November 2003 |
| Member | P Cheyne |
| Representation | D Vincent ; K Woodroof |
| Location | Christchurch |
| Parties | Johnstone v Gorrie (t/a as BP Avonhead) |
| Summary | COSTS - Applicant lodged statement of problem claiming personal grievance after full and final settlement reached between applicant's previous counsel and respondent - Alleged actual costs of $1,968 incurred replying to statement of problem - Applicant denied earlier settlement of grievance - Applicant in receipt of legal aid - Whether exceptional circumstance under Legal Services Act 2000 - Not out of ordinary for litigant to deny or ignore certain state of affairs - No exceptional circumstances - Applicant's actions far from good faith behaviour - On other hand respondent had time to advise applicant's new solicitor of settlement and proffer payment before statement of problem lodged - Two-thirds of costs reasonably incurred modest claim - Applicant to pay $50 costs to respondent - If Legal Services Act s40 had not affected applicant's liability would have been ordered to pay $1,300 in costs - Applicant legally aided |
| Result | Costs in favour of respondent ($50) |
| Statutes | Legal Services Act 2000 s15;Legal Services Act 2000 s40(2) |
| Number of Pages | 2 |
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