| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 12A/06 |
| Determination date | 07 April 2006 |
| Member | H Doyle |
| Representation | TJ Twomey ; MA Kyne |
| Location | Christchurch |
| Parties | Kostic v Dodd and Anor t/a Allan Milligan Cars and/or Motoworld Systems Ltd t/a Allan Milligan Cars |
| Other Parties | Milligan |
| Summary | COSTS - Successful personal grievance but applicant found to have contributed 100% - Investigation meeting took one full day and just under two hours of second day - Applicant sought contribution to total costs which exceeded $6,500 - Respondent submitted finding as to contribution should be reflected in cost award and any award limited to maximum of $1,000 - Applicant claimed reduction of costs because of contributory conduct would be unfair and tantamount to double penalty - Case important to both parties - Not legally complex but disagreement between parties on nearly every aspect of a pivotal exchange and whether applicant resigned or dismissed - Both parties contributed to meeting in helpful way and there was no conduct that unnecessarily lengthened matter - Actual costs reasonable in circumstances - Starting point $3,000 - If finding of 100% contribution was reflected in cost award it would be double penalty and inconsistent with purpose of costs - No adjustment made to reasonable sum of $3,000 |
| Result | Costs in favour of applicant ($3,000) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 12a_06.pdf [pdf 12 KB] |