| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 192/05 |
| Determination date | 24 May 2005 |
| Member | L Robinson |
| Representation | M Young ; S Wilson |
| Location | Auckland |
| Parties | Jackson v Enterprise Motor Group (North Shore) Ltd |
| Summary | COSTS - Successful personal grievance - Significant contributory conduct - One day investigation meeting - Respondent sought contribution of $11,340 to total costs of $31,111 and disbursements of $324 - Applicant sought contribution of $4,832 to total costs of $26,032 and disbursements of $4,157 - Calderbank offer made before respondent amended its statement in reply and altered grounds of defence - Applicant knew of amended defence when considering Calderbank offer - Calderbank offer operated to disentitle applicant to costs - Amount of compensation applicant had claimed unrealistic and unfortunate if not outrageous that applicant had been permitted by advocate to incur substantial costs - Respondent entitled to contribution to costs - Notional reasonable costs $4,000 - Applicant ordered to contribute $2,000 towards respondent's notional reasonable costs |
| Result | Costs in favour of respondent ($2,000) |
| Cases Cited | Beardsley v Canpac International Ltd unreported, Y Oldfield, 29 May 2001, AA 39A/01;Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04;Harwood v Next Homes Ltd [2003] 2 ERNZ 433;Henry v Youth Horizons Trust unreported, K Anderson, 22 May 2002, AA 107A/02;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 1 ERNZ 116;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Wilson v Grey Power Publishing Co Ltd unreported, A Dumbleton, 4 March 2003, AA 58/03 |
| Number of Pages | 4 |
| PDF File Link: | aa 192_05.pdf [pdf 40 KB] |