| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 48/07 |
| Hearing date | 26 Mar 2007 |
| Determination date | 29 March 2007 |
| Member | D Asher |
| Representation | N Allan (in person) ; B Scotland |
| Location | Wellington |
| Parties | Allan v Longlas Ltd |
| Summary | COSTS - Applicant withdrew claim after deadline for filing of witness statements - Respondent sought contribution of $7,275 to total costs of $11,022 - Respondent also sought costs associated with strike out application - Applicant submitted withdrew claim on medical advice and acted in good faith throughout - Claimed ability to pay costs severely limited - Applicant's application unimpressive from outset - Failure to particularise claims, promptly address respondent's concerns, or adhere to filing timetable, and decision to withdraw at almost last moment caused respondent significant unnecessary costs - However, Authority not prepared to conclude case stood no prospect of success - Costs for strike out application not caused unnecessarily by applicant - No evidence of financial circumstances of either party - Respondent entitled to recover some costs - $3,000 contribution appropriate - Counsel's time and hourly rate reasonable - Award consistent with applicant proceeding with case and not succeeding |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | Data Group Ltd v Gillespie unreported, Travis J, 22 March 2004, AC 16/04;R & T Ostern t/a RST Enterprises Ltd v Hunter unreported, Colgan J, 25 June 2001, AC 23B/01 |
| Number of Pages | 6 |
| PDF File Link: | wa 48_07.pdf [pdf 25 KB] |