| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 59A/06 |
| Determination date | 23 June 2006 |
| Member | P Cheyne |
| Representation | W van Harselaar ; P Churchman |
| Location | Christchurch |
| Parties | Heffernan v Estate of Patrick David Heffernan |
| Summary | COSTS - Unsuccessful arrears of wages claim - Substantive matter conducted as an adjudication hearing before Employment Tribunal - Four day hearing - Respondent sought party and party costs or very substantial proportion of actual costs of $57,916 - Parties' family relationship no reason to avoid consequences of losing - Setting costs by reference to notional daily rate at modest level would visit considerable injustice on respondent - Costs properly assessed by reference to principles applied by Tribunal - Not a typical case - Significant preparation costs required given vague pleadings in respect of a matter not pursued during lifetime of one party - Costs assessed on basis applicant made claims which he must have known were untrue - No issue made about ability to pay - Applicant’s costs ($8,000) reflected fact claim was easier to make than defend - Acceptance of Calderbank offer could have avoided most litigation costs - Matter merited experienced counsel - Preparation time calculated by applying multiplier of three to 32 hour hearing - Applicant to meet 90% of reasonable costs plus disbursements |
| Result | Costs in favour of respondent ($34,000) ; Disbursements ($1,020) |
| Statutes | PBO Ltd (formerly Rush Security Ltd) v Da Cruz unreported, Colgan CJ, Travis, Shaw JJ, 9 December 2005, AC 2A/05;Reid v NZ Fire Service Commission [1995] 2 ERNZ 38;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 |
| Number of Pages | 4 |
| PDF File Link: | ca 59a_06.pdf [pdf 21 KB] |