| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40A/04 |
| Determination date | 16 July 2004 |
| Member | R A Monaghan |
| Representation | R Davidson ; R Gibson |
| Location | Christchurch |
| Parties | Cluinie v Pillars Incorporated Society |
| Summary | COSTS - Partially successful personal grievance - Respondent treated as successful party - Sought contribution to total costs of $9,833 - Alleged late notification that applicant was legally aided - Whether exceptional circumstances - Applicant's counsel advised respondent and Authority of legal aid grant days before investigation meeting - Knew of grant well before investigation meeting - Applicant not to be punished for counsel's failure to advise of legal aid grant - No exceptional circumstances - Calderbank offer - Offer greater than remedies and costs incurred - Valid Calderbank offer - Consequences of offer taken into account - Applicant to pay contribution equivalent to legal aid contribution - In absence of legal aid would have awarded $3,500 |
| Result | Costs in favour of respondent ($50) |
| Statutes | Legal Services Act 2000 s15(1);Legal Services Act 2000 s21;Legal Services Act 2000 s40(1);Legal Services Act 2000 s40(2);Legal Services Act 2000 s40(3) |
| Number of Pages | 3 |
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