| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 29B/06 |
| Hearing date | 29 Jun 2006 |
| Determination date | 04 September 2006 |
| Member | D Asher |
| Representation | M Williams ; P Cornege |
| Location | Wellington |
| Parties | Scott v The Chief Executive, Department of Corrections |
| Summary | COSTS - Unsuccessful unjustified disadvantage claim - One day investigation meeting - Respondent's Calderbank offer refused by applicant - Respondent alleged total costs were $22,172 - Sought reasonable contribution to costs incurred prior to Calderbank offer plus full solicitor-client costs from date of Calderbank offer - Costs greater as result of broad but vague reach of applicant's claim, and because they were both out of time and lacking in substantive merit - Respondent therefore entitled to greater contribution to its fair and reasonable costs - Respondent not entitled to all costs from date of Calderbank offer because account not particularised and investigation easily disposed of in a day - Respondent entitled to contribution of costs in sum of $5,000 |
| Result | Costs in favour of respondent ($5,000) |
| Cases Cited | Harwood v Next Homes Ltd, unreported, 19 December 2003, Travis J, AC 70/03;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | wa 29b_06.pdf [pdf 20 KB] |