| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119A/06 |
| Hearing date | 2 Jun 2006 |
| Determination date | 22 November 2006 |
| Member | R Arthur |
| Representation | S Corlett ; D France |
| Location | Auckland |
| Parties | Hunt & Ors v Transportation Auckland Corporation Ltd t/a Stagecoach Auckland |
| Other Parties | Drysdale & Rudsen |
| Summary | COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought contribution of $10,800 to total costs of $27,473 plus disbursements - Applicants submitted award of up to $3,000 appropriate - Although financial means not subject of detailed evidence could assume moderate after long service with respondent on relatively modest salaries - Respondent sought increase to daily tariff as Calderbank offer rejected and matter required detailed evidence - Hourly counsel's rate of $300 used in respondent's calculation higher than usually allowed in Authority - Relatively little more required from respondent replying to three applicants than one - Matter did not warrant going beyond usual daily rates - Authority made $500 deduction as initial investigation meeting delayed by respondent filing additional evidence out of time - Third applicant's claim not determined as unable to attend investigation - Whether liable for costs - Equity and good conscience meant applicants jointly and severally liable - Respondent incurred costs in response to all three claims - In reality, outcome determined all three claims - Contribution of $4,000 appropriate |
| Result | Costs in favour of respondent ($4,000) ; Disbursements ($348.08) |
| Cases Cited | Hunt and Ors v Transportation Auckland Corporation Ltd t/a Stagecoach Auckland unreported, R Arthur, 6 April 2006, AA 119/06;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 119a_06.pdf [pdf 19 KB] |