| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/06 |
| Determination date | 11 May 2006 |
| Member | M Urlich |
| Representation | T Allan ; G Curry |
| Location | Auckland |
| Parties | Sprott and Anor v Centre for Advanced Medicine Ltd and Anor |
| Other Parties | Centre for Advanced Medicine Ltd, Sprott |
| Summary | COSTS - Unsuccessful application for removal to Court by respondent - Successful personal grievance claim by applicant - Removal application - Length of investigation not specified - Applicant sought contribution at higher end of spectrum towards total costs of $2,109 - Respondent submitted should not be punished for exercising statutory right to apply for removal - Application unsuccessful on all grounds and unavoidable conclusion was applicant incurred costs unnecessarily - Contribution of $1,200 appropriate - Personal grievance - 2ï¾½ day investigation meeting - Applicant sought $60,044, being 80% of total costs of $75,056 - Applicant successful in all aspects except future earnings claim - Alleged respondent adopted approach of litigation by attrition", unnecessarily extending investigation and increasing costs - Applicant claimed award of less than 80% of actual costs would unjustly render awards in his favour illusory - Respondent submitted applicant's claim for awards totalling $400,000 required vigorous defence and was substantially unsuccessful - Matters important to both parties - Costs setting required balancing usual practise of making modest costs awards and undesirability of substantive awards being rendered nugatory because absorbed by legal costs - Applicant's actual legal costs exceeded substantive awards of $61,000(gross) - Notional daily rate set at $4,000 given circumstances of case, level of preparation and amount of evidence at investigation meeting - Notional reasonable costs of $10,000 - Applicant awarded $8,000 plus $500 contribution to disbursements - Disbursements not itemised but seemed reasonable given volume of photocopying required to comply with requests for documents" |
| Result | Costs in favour of applicant ($1,200)(removal application) ; ($8,000)(personal grievance) ; Disbursements ($500)(personal grievance) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 168_06.pdf [pdf 11 KB] |