| Summary |
PRACTICE AND PROCEDURE - Issue raised regarding interest payable by respondent - Claim for interest disposed of at time of substantive determination - Matter closed - COSTS - Both parties claimed costs for respective applications that had been consolidated and heard together - Length of investigation meeting not specified - Each successful with own claim - Applicant sought contribution of $15,000 towards total costs of $35,000 for its recovery application - Submitted costs should lie where they fall for respondent's personal grievance - Also sought disbursements of $22,469, including expenses relating to video conference, witnesses, and counsel's travel - Respondent's costs were $25,148 for recovery action, and $18,078 for his personal grievance - Costs ordered on both applications as Authority satisfied both genuine and not just matter of leverage against each other - Expense of video conferencing to be shared as benefited both parties - No other disbursements ordered because both parties required to prepare for investigation, inevitably involving photocopying etc - Both parties chose their counsel and travel expenses inevitable part of proceedings given applicant's obligations involved attendance in New Zealand - Respondent should not have to pay for applicant's choice - Attendance of witnesses a standard requirement - Given employer was applicant it should meet own witness costs - Respondent to pay costs of $6,000, being 40 percent of reasonable costs of $15,000 - Assessment based on preparation, representation and time involved in Authority investigation, and because of proportionality of applicant's claim - Applicant to pay $3,000 towards respondent's costs for straight forward personal grievance |