| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 90/04 |
| Hearing date | 31 Jul 2003 - 3 Sep 2003 (2 days) |
| Determination date | 15 March 2004 |
| Member | J Wilson |
| Representation | S Callanan ; J Latimer |
| Location | Auckland |
| Parties | Smith v Sovereign Ltd (owned and operated by the ASB Bank) |
| Summary | COSTS - Unsuccessful personal grievance - Unsuccessful application for removal of proceedings to Employment Court - 2 day investigation meeting - Contribution of $19,500 sought to actual costs of $42,500 - Applicant's solicitor consistently pursued issues of marginal relevance - Respondent's choice to use senior counsel - Applicant's liability to be based on less expensive representation - Greater preparation required for investigation meeting given various preliminary issues - Contribution of $7,000 appropriate plus $850 disbursements |
| Result | Costs in favour of respondent ($7,000) ; Disbursements ($850) |
| Statutes | ERA Second Schedule cl 15 |
| Cases Cited | Harwood v Next Homes Ltd [2003] 2 ERNZ 433;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ |
| Number of Pages | 4 |
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