| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261/05 |
| Determination date | 11 July 2005 |
| Member | V Campbell |
| Representation | R Harrison ; I Davidson |
| Location | Auckland |
| Parties | Van Der Kleij v Zespri International Ltd |
| Summary | COSTS - Applicant filed statement of problem relating to work undertaken overseas - Subsequent unsuccessful mediation attempt - Applicant withdrew claim due to decision to pursue matter in overseas jurisdiction - Respondent sought full costs of $17,952 which included costs relating to mediation - Argued appropriate to award costs relating to mediation as parties were directed to mediation - Parties voluntarily attended mediation - Confidentiality of mediation process made inquiries into appropriateness of associated costs impossible - Costs associated with mediation not to be included in calculation for contribution - Only work undertaken by respondent in relation to Authority proceedings was preparation of statement in reply - Costs attributable to that preparation $3,459 - Account taken of fact that applicant advised respondent shortly after mediation that was considering withdrawing application - Also relevant that work undertaken by respondent would be useful to proceedings in overseas jurisdiction - Contribution to respondent’s costs ordered |
| Result | Costs in favour of respondent ($1,000) |
| Statutes | ECR;ERA s148;ERA s159(2);ERA Second Schedule cl15 |
| Cases Cited | Eniata v AMCOR Packaging (NZ) Ltd unreported, Colgan J, 24 May 2002, AC 19A/02;Sheiling Laboratories v Smith unreported, Goddard CJ, 6 June 1995, AEC 48/95;Waugh v Commissioner of Police [2004] 1 ERNZ 450 |
| Number of Pages | 4 |
| PDF File Link: | aa 261_05.pdf [pdf 19 KB] |