| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 43A/07 |
| Hearing date | 28 Nov 2006 |
| Determination date | 22 June 2007 |
| Member | P Cheyne |
| Representation | P Troon ; R Gibson |
| Location | Christchurch |
| Parties | Pegram v Heritage Productions Ltd |
| Summary | COSTS - Successful personal grievance - Less than one day investigation meeting - Two Calderbank offers made to applicant - Respondent argued none of costs eventually incurred would have arisen if first Calderbank offer accepted - Sought substantial contribution to total costs of $4,820 - Applicant submitted costs should lie where they fall - Felt Calderbank offers too low and wanted day in court - Appropriate to depart from principle costs follow the event - Applicant to make reasonable contribution to respondent's costs - No argument about inability to pay and costs award should be offset against compensation payable to applicant - Both offers made by respondent reasonable and one of them should have been accepted - Refusal to accept resulted in unnecessary legal costs - Matter relatively uncomplicated - No reason to depart from tariff assessment of costs |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Statutes | ERA s3;ERA s143;ERA s157 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;The Chief Executive of the Bay of Plenty District Health Board v New Zealand Public Service Association unreported, Travis J, 13 December 2006, AC 73/06 |
| Number of Pages | 3 |
| PDF File Link: | ca 43a_07.pdf [pdf 18 KB] |