| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 73A/06 |
| Determination date | 03 May 2006 |
| Member | R A Monaghan |
| Representation | K Single ; P McBride |
| Location | Auckland |
| Parties | Rackham v New Zealand Fire Service |
| Summary | COSTS - Unsuccessful personal grievance - Investigation meeting one day - Respondent sought full costs or substantial contribution to costs of $8,750 plus GST and disbursements of $1,089 - Disbursements reasonably incurred - Respondent cited further fees of $640 plus GST in respect of correspondence and submissions as to costs - Calderbank offer of $1,500 made - Urgency had been sought - In appropriate circumstances urgency may be taken into account though not to the point where it necessarily resulted in increase in costs - In present case was nothing to indicate how urgency accorded to matter meant costs incurred by respondent were higher than would otherwise have been - Not relevant factor - Applicant took stance that was not well-founded - Should contribute in more than limited way to costs incurred by respondent - Authority did not believe that Calderbank offer sufficiently clear, or sufficiently recognised role of respondent in creation of problem to sound award of full costs - Would have given offer more weight if had been clearer and little more generous |
| Result | Costs in favour of respondent ($2,000) ; Disbursements ($1,089) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;X and Anor v Auckland District Health Board and Anor unreported, D King, 7 November 2005, AA 171B/05 |
| Number of Pages | 2 |
| PDF File Link: | aa 73a_06.pdf [pdf 12 KB] |