| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 322A/06 |
| Hearing date | 1 Nov 2006 |
| Determination date | 30 November 2006 |
| Member | V Campbell |
| Representation | L Yukich ; R Towner |
| Location | Auckland |
| Parties | Eastern Bay Indepenent Industrial Workers Union Incorp v Cater Holt Harvey Ltd |
| Summary | COSTS - Unsuccessful application to reopen investigation meeting - Length of investigation meeting less than one day - Respondent sought full costs of $37,951 - High costs due to respondent's need to respond to three statements of problem with range of claims - Not appropriate case for indemnity costs - Two Calderbank offers made and applicant on notice respondent intended to seek full costs - Both offers reasonable and, along with respondent's warnings, significant factors to be considered - Obligation on applicant to contribute significantly to post-offer costs |
| Result | Costs in favour of respondent ($10,000) |
| Statutes | Contractual Remedies Act 1979;ERA Second Schedule cl15 |
| Cases Cited | Eastern Bay Independent Industrial Workers Union Incorporated v Carter Holt Harvey Ltd unreported, V Campbell, 26 October 2004, AA 344/04;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear unreported,;Colgan CJ, 24 November 2006, AC 64/06 |
| Number of Pages | 3 |
| PDF File Link: | aa 322a_06.pdf [pdf 30 KB] |