| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 73A/07 |
| Hearing date | 24 Aug 2007 |
| Determination date | 29 August 2007 |
| Member | D Asher |
| Representation | S Mitchell ; T Cleary |
| Location | Wellington |
| Parties | Darbyshire & Anor v PPCS Ltd |
| Other Parties | Dyke |
| Summary | COSTS - Unsuccessful health and safety claim and compensation claims - 3 ï¾½ days investigation meeting - Respondent sought contribution to costs of $18,374 of total costs of $20,540 - Respondent made two Calderbank offers before and during investigation meeting - Respondent sought indemnity costs - Applicants submitted costs to lie where they fall or be reserved until outcome of challenge - Also claimed was test case related to s28A(8)(b) Health & Safety in Employment Act 1992 - Focus of investigation largely parties contractual obligations - Appropriate costs follow event - Respondent put to costs of responding to applicants urgent application, unnecessarily extended investigation, and obtaining expert evidence - Also had to address disparity claims ultimately not pursued - Applicant absences during investigation resulted in extra costs - Respondent entitled to contribution to costs |
| Result | Costs in favour of respondent ($10,000) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health [2002] 1 ERNZ 438;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;South Taranaki Kindergarten Association v McLennan unreported, Shaw J, 6 Mar 2007, WC 9/07 |
| Number of Pages | 5 |
| PDF File Link: | wa 73a_07.pdf [pdf 21 KB] |