| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 30/07 |
| Hearing date | 19 Feb 2007 |
| Determination date | 20 February 2007 |
| Member | D Asher |
| Representation | T Wilton ; S Hornsby-Geluk |
| Location | Wellington |
| Parties | Spink v APN New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution of $5,000 to total costs of $15,000 plus disbursements - Respondent argued put to considerable expense by way applicant pursued proceedings - Second grievance raised one month prior to hearing of original grievance - Applicant rejected respondent's claim unable to reach agreement as to costs - Claimed no communication on costs - Applicant submitted successful party had duty to pursue matter promptly and diligently and failure to do so argued strongly, in equity and good conscience, for costs to lie where they fall - In alternative, argued costs should be at lower end of scale as both parties achieved measure of success - While Authority noted conflict over whether parties communicated on costs issue, satisfied appropriate to determine costs - No reason to depart from principle costs should follow event - Manner applicant pursued proceedings did not put respondent to unnecessary or additional costs - Applicant not disadvantaged by time respondent took to seek costs - Relied on Wolfenden v NZ Film & Television School Ltd (cited below) to find applicant should not bear costs of out of town counsel - But for respondent's concession it should restore monies deducted from wages, it would have received more significant costs award - Applicant ordered to pay fair and reasonable contribution to costs as only modest investigation required for straightforward matter |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Cases Cited | Harwood v Next Homes Ltd [2003] 2 ERNZ 433;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Sidebotham v Capital Coast Health Ltd unreported, Goddard CJ, 31 May 1995, WEC 36/95;Wolfenden v New Zealand Film & Television School Ltd [1999] 2 ERNZ 21 |
| Number of Pages | 3 |
| PDF File Link: | wa 30_07.pdf [pdf 18 KB] |