| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3/07 |
| Hearing date | 27 Sep 2006 |
| Determination date | 10 January 2007 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Corbett v Bendon Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting little over one day - Respondent sought costs of $11,491, being full costs incurred after Calderbank offer rejected - Applicant submitted costs should lie where they fall - Alternatively, argued costs should be limited to $2,000 to reflect adverse financial position - Not appropriate for costs to lie where they fall - Reasonable settlement offer rejected and applicant's many complaints were without merit - No feature to support full costs - Authority took into account applicant's engagement of solicitor - Authority could not have much sympathy for applicant's claim now impecunious when elected to spend money on legal representation rather than cut costs by having Authority investigate employment relationship problem - Parties on tight budgets need to consider reasonable settlement offers with greater care - Respondent's offer unreasonably rejected by party who may have put principle too far ahead of practical and economic reality - Applicant sought stay of costs award until challenge to Employment Court determined - Not appropriate to issue stay - Respondent successful and entitled to have last matter dealt with to close investigation - Stay might operate for undesirably long period - Authority also influenced by fact respondent's legal advisers likely to weigh up need to exercise discretion when considering enforcement of costs order - Nothing to prevent another application for stay being made if circumstances changed |
| Result | Costs in favour of respondent ($3,550) |
| Main Category | Costs |
| Statutes | ERA s103A;ERA Second Schedule cl15 |
| Cases Cited | Corbett v Bendon Ltd unreported, A Dumbleton, 30 May 2006, AA 188/06;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 3_07.pdf [pdf 21 KB] |