| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 101A/06 |
| Hearing date | 21 Jul 2006 |
| Determination date | 10 October 2006 |
| Member | P Cheyne |
| Representation | K Stringleman ; J Mills |
| Location | Christchurch |
| Parties | Dillon v Tip Top Ice Cream Company Ltd |
| Summary | COSTS - Dispute resolved in applicant's favour - Length of investigation meeting not known - Applicant sought full costs of $11,225 plus disbursements of $4,6664 - Submitted entire costs should be paid by respondent because of way it conducted itself during investigation process - Respondent submitted applicant entitled to no more than $5,300 costs and $2,050 disbursements - Case involved enormous amount of documentation and specialist medical evidence - Daily tariff approach not appropriate as would significantly understate preparation time - Substantial merit in applicant's claim that respondent's behaviour caused additional costs - Respondent to meet about 75% of applicant's costs - Disbursements included expert witness fees and costs of doctor providing copy of medical records - Respondent had sought medical notes and undertaken to pay costs involved - Now queried appropriateness of doctor charging at ACC rate and offered to pay photocopy costs - Provision of records required medical judgement - Respondent to meet doctor's costs in total - Applicant called psychiatrist as expert witness - Evidence important to resolution of problem - Respondent to meet witness costs in full - Respondent to pay meeting fees and other expenses supported by invoice |
| Result | Costs in favour of applicant ($8,500) ; Disbursements ($1,113.75) (Provision of medical notes), ($2,387) (Expert witness) ($50) (Telephone, fax, emails, photocopying and printing) ($600) (Meeting fees) |
| Statutes | ERA Second Schedule |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04; Lavery v Trust Bank Wellington Ltd unreported, Castle J, 12 April 1995, WEC 22/95;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 101a_06.pdf [pdf 20 KB] |