| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28A/07 |
| Determination date | 30 July 2007 |
| Member | P Montgomery |
| Representation | D Goldwater ; R Upton |
| Location | Christchurch |
| Parties | Tufuga v Sleepyhead Manufacturing Company Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Applicant rejected Calderbank offer - Respondent submitted investigation meeting unnecessarily prolonged by applicant calling witnesses whose evidence irrelevant, and urged Authority to award full indemnity costs of $13,247 plus disbursements - Submitted total legal costs in vicinity of $22,000 - Applicant submitted unable to meet financial commitments and unable to pay costs due to hardship - Requested costs lie where they fall - Cases did not warrant award of full indemnity costs, and award would be punitive - Respondent successful party and would normally be awarded contribution to costs - However, Authority an equity and good conscience jurisdiction - Any award would inflict hardship on applicant's family and fall upon partner to repay debt, which would be unjust - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Tufuga v Sleepyhead Manufacturing Company Ltd, P Montgomery, 23 March 2007, CA 28/07 |
| Number of Pages | 4 |
| PDF File Link: | ca 28a_07.pdf [pdf 19 KB] |