Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 153B/05
Determination date 23 September 2005
Member D King
Representation AS Shore (in person) ; JM Trotman
Location Auckland
Parties Shore v Aqua-Cool Ltd
Summary COSTS - Applicant failed to appear on day of hearing and subsequently filed unsuccessful application for rehearing - Respondent sought actual costs of $7,325 - Award of costs appropriate - Respondent put to unnecessary trouble and expense - Award of costs based on reasonable preparation costs - No grounds for awarding full costs - For failure to attend hearing, applicant to pay respondent $2,000 - Applicant's substantial without prejudice offer taken into account - For unsuccessful rehearing application, applicant to pay respondent $600
Result Costs in favour of respondent ($2,600)
Statutes ERA Second Schedule cl15
Cases Cited NZ Public Service Assn v Department of Social Welfare unreported,;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38
Number of Pages 2
PDF File Link: aa 153b_05.pdf [pdf 14 KB]