| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 314A/05 |
| Determination date | 25 October 2005 |
| Member | R A Monaghan |
| Representation | M Young ; R Towner |
| Location | Auckland |
| Parties | Tobin v Stayinfront Inc and Ors |
| Other Parties | Great Elk Company Inc, Stayinfront (Asia Pacific) Ltd formerly The Great Elk Company Ltd, Splashnet Inc |
| Summary | COSTS - Parties had reached settlement agreement - Authority consequently found applicant could not proceed with personal grievances - Respondent sought full costs or two-thirds of costs of $136,035 - No merit in applicant's claim - Were warnings about weakness of case - Amount of costs sought very high - Not a test case - Because of way employment relationship was framed and some allegations, respondents forced to prepare responses on wide range of matters and incurred substantial costs in doing so - However, since unaware of how costs incurred, was difficulty in assessing reasonableness - From available material assessed notional all-inclusive costs of $30,000 as appropriate - Since respondents should not have to incurred any of it, applicant ordered to pay that amount |
| Result | Costs in favour of respondents ($30,000) |
| Statutes | ERA s238 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Postles and Ors v Airways Corporation of New Zealand Ltd [2002] 2 ERNZ 817 |
| Number of Pages | 3 |
| PDF File Link: | aa 314a_05.pdf [pdf 20 KB] |