| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/05 |
| Determination date | 22 September 2005 |
| Member | J Scott |
| Representation | R Tailby (in person) ; H Gilbert |
| Location | Auckland |
| Parties | Tailby v Commissioner of Police |
| Summary | COSTS - Applicant withdrew personal grievance six weeks prior to investigation meeting - Respondent knew of withdrawal five weeks prior to investigation meeting - Respondent sought contribution of $3,000 towards actual costs of $10,960 - Review of relevant case law suggested costs only awarded when substantive application withdrawn on eve of intended hearing or within days immediately prior to hearing when likely all preparation completed - Not persuaded withdrawal five weeks prior to hearing warranted costs award in favour of respondent - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Cases Cited | Budden v Telecom New Zealand Ltd unreported, Y Oldfield, 4 June 2002, AA 167/02;Kevey v Livestock Improvement Corporation Ltd t/a Livestock Improvement unreported, Travis J, 20 December 2002, AC 83/02;Sheiling Laboratories v Smith unreported, Goddard CJ, 6 June 1995, AEC 48/95;Toopi v Chemical Freight Services Ltd unreported, WRC Gardiner, 28 June 1995, AT 167/95 |
| Number of Pages | 3 |
| PDF File Link: | aa 373_05.pdf [pdf 11 KB] |