| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 29/07 |
| Hearing date | 16 Feb 2007 |
| Determination date | 20 February 2007 |
| Member | D Asher |
| Representation | T Petherick ; E Brown |
| Location | Wellington |
| Parties | Smith v Nga Kairauhii Trust |
| Summary | COSTS - Personal grievance raised out of time - Applicant legally aided - Respondent claimed recovery of costs governed by Legal Services Act 2000 - Claimed incurred significant unnecessary costs, with total costs being $6,302 - Claimed funds normally channelled toward advancing Maori health went to defending applicant's claim - Applicant asked cost issue be stayed pending outcome of application for leave to appeal - No reason not to award costs on grounds challenge lodged or because applicant beneficiary and continued to be legally aided - Although investigation heard on papers, parties invested considerable effort in investigation - Trust entirely successful - Given nature of case, reasonable settlement offer declined by applicant, and scope of Authority's jurisdiction, reasonable contribution to costs of respondent if applicant not legally aided would have been $3,500 - Applicant ordered to pay contribution to costs of $50 |
| Result | Costs in favour of respondent ($50) |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40;Legal Services Act 2000 s40(1);Legal Services Act 2000 s40(2);Legal Services Act 2000 s40(3);Legal Services Act 2000 s40(4);Legal Services Act 2000 s41;Legal Services Act 2000 s41(1) |
| Cases Cited | Harwood v Next Homes Ltd [2003] 2 ERNZ 433;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Smith v Nga Kairauh� Trust unreported, D Asher, 11 September 2006, WA 121/06 |
| Number of Pages | 4 |
| PDF File Link: | wa 29_07.pdf [pdf 19 KB] |