| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 75/06 |
| Determination date | 24 May 2006 |
| Member | P Montgomery |
| Representation | J Fitchett, A Challis ; L Penno |
| Location | Christchurch |
| Parties | Osborne v Crop and Food Research Institute |
| Summary | PRACTICE AND PROCEDURE – Application for joinder – Respondent sought to join applicant’s former counsel to costs application on basis of criticism in substantive determination of quality of advice given to applicant – Applicant’s counsel misjudged situation - However joinder to costs application not appropriate – COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought contribution of $18,634.50 to total costs and disbursements of $31,204.46 – Argued costs increased by interlocutory matters unnecessarily advanced by applicant and continued assertion that dismissal substantively unjustified despite admission by applicant during investigation meeting that respondent entitled to disestablish role – Appropriate starting point $2,500 per day – Award of $5,000 appropriate taking into account significant unnecessary costs caused by way applicant’s case pleaded |
| Result | Application dismissed (Joinder) ; Costs in favour of respondent ($5,000) |
| Statutes | Employment Relations Act 2000 Second Schedule cl15;Official Information Act 1982 |
| Cases Cited | Callaghan v Poutiri Charitable Trust Inc unreported, L Robinson, 21 October 2004, AA 284A/04;De Soysa v Porirua College Board of Trustees unreported, Goddard CJ, 10 May 1996, WEC 25/96;Graham v Airways Corporation of NZ Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04;Harvey v Taste Tease Ltd unreported, Fisher J, 2 April 1990, CP 219/88;Kamo Sports and Dive Ltd v Harrison Sports (Kamo) Ltd (1993) 7 PRNZ 321;New Zealand Medical Laboratory Workers’ Union Inc v Capital Coast Health Ltd [1998] 2 ERNZ 107;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Poa v Cornwell (1995) 8 PRNZ 588;PBO Limited v Da Cruz [2005] 1 ERNZ 808;Y v M [1994] 3 NZLR 581 |
| Number of Pages | 4 |
| PDF File Link: | ca 75_06.pdf [pdf 21 KB] |