| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 25A/05 |
| Determination date | 13 June 2005 |
| Member | G J Wood |
| Representation | G O'Sullivan ; K Burson |
| Location | Wellington |
| Parties | McNeill v Pilcher and Anor |
| Other Parties | Barry Pilcher Financial Planning Ltd |
| Summary | COSTS - Successful breach of contract claim - Respondent was ordered to pay penalty of $4,000 to Crown but no damages awarded in favour of applicant - Two Calderbank offers of $5,000 each, first eight days before investigation meeting and second after investigation meeting - Respondent sought contribution of $46,689 to total costs of $58,361 and disbursements of $986.38 - Applicant sought contribution to total costs - First Calderbank offer meant Authority could not order respondent to meet any of applicant's costs - However offer came after considerable costs had been incurred by applicant - Offer included confidentiality clause, meaning applicant's allegations against respondent would have remained unproven - Another important factor was length of time unnecessarily spent on ascertaining respondent's actual activities - Parties were to bear their own costs |
| Result | Costs to lie where they fall |
| Cases Cited | Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 |
| Number of Pages | 4 |
| PDF File Link: | wa 25a_05.pdf [pdf 30 KB] |