| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 96B/03 |
| Determination date | 21 November 2003 |
| Member | D Asher |
| Representation | No appearance ; C McLorinan |
| Location | Wellington |
| Parties | Taylor and Anor v Valley-Guide Farming Trust |
| Other Parties | Taylor |
| Summary | COSTS - Application to review costs determination - Unsuccessful personal grievance - Applicants no longer legally represented - Costs awarded on basis that applicants not in receipt of legal aid - Applicants' original counsel advised applicants were in receipt of legal aid during investigation meeting - Appropriate to use discretion to vary original costs determination under cl15(2) Second Schedule Employment Relations Act 2000 - Key understanding in original costs determination that applicants not in receipt of legal aid - No exceptional circumstances under s40(2) of the Legal Services Act 2000 - Respondents knew what would have awarded but for Legal Services Act - No evidential reason to suggest applicant's original counsel not authorised to make application - Original costs determination reviewed - Applicants to pay costs equivalent to contribution to legal aid - Leave reserved in event of dispute |
| Result | Application granted ; Orders accordingly |
| Statutes | ERA Schedule 2 cl15(2);Legal Services Act 2000 s15(1);Legal Services Act 2000 s40(1);Legal Services Act 2000 s40(2) |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |