| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/06 |
| Hearing date | 20 Jun 2006 |
| Determination date | 11 August 2006 |
| Member | H Doyle |
| Representation | Chris Patterson ; Stephen Caradus |
| Location | Christchurch |
| Parties | Flight Centre v Keys |
| Summary | COSTS - Applicant discontinued claims against respondent before substantive investigation meeting but after interlocutory matter and number of telephone conferences - Respondent sought actual costs of $8979, including mediation costs, plus disbursements - Authority not prepared to award costs for mediation - Claim against respondent no more substantial than others in Authority but had degree of legal complexity - As no investigation meeting Authority not able to form view on whether claim brought for wider commercial reasons - No direct evidence respondent's current employer funded defence - No grounds to justify actual costs - Considered reasonable costs would be about $3,000 even for experienced counsel - Disbursements not specified - Fair and reasonable in circumstances to make higher than normal award for claim discontinued before investigation |
| Result | Costs in favour of respondent ($2,000 including disbursements) |
| Cases Cited | Eniata v Amcor Packaging (New Zealand) Ltd unreported, Colgan J, 24 May 2002, AC 19A/02;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 120_06.pdf [pdf 19 KB] |