| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 62A/07 |
| Hearing date | 16 Aug 2007 |
| Determination date | 23 August 2007 |
| Member | J Crichton |
| Representation | D Caldwell, A Shakespeare ; A Gorton |
| Location | Christchurch |
| Parties | Wood v Cardinal Freight Distribution Ltd |
| Summary | COSTS – Successful personal grievance – One day investigation meeting - Applicant sought contribution of $7,000 towards actual costs of $12,100 plus filing fee and air fares – Authority considered may have been further movement in average costs for one day investigation meetings since PBO Ltd (formerly Rush Security Ltd) v Da Cruz (cited below) - No reason to depart from principle costs follow event - Notional daily rate principle would have resulted in contribution of $3,000 - Applicant’s costs appeared on high side, but some costs function of difficulties in dealing with respondent – Contribution to costs of $4,000 appropriate – Claimed air fares on basis, but for proven default of respondent, applicant would have found alternative employment in NZ, but as consequence of respondent’s bad faith, forced to look overseas – Appropriate respondent pay air fares of applicant and wife |
| Result | Costs in favour of applicant ($4,000) ; Disbursements ($70)(Filing fee) ; ($1,050.94)(Air fares) |
| 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 |
| Number of Pages | 4 |
| PDF File Link: | ca 62a_07.pdf [pdf 18 KB] |