| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 2/08 |
| Determination date | 16 January 2008 |
| Member | J Crichton |
| Representation | D Beck ; J Goldstein |
| Location | Christchurch |
| Parties | Innes v Miyazawa |
| Summary | COSTS - Applicant's claim struck out - Length of investigation meeting not specified - Respondent sought full costs associated with strike out application from applicant, or from his counsel in personal capacity - Applicant submitted costs should lie where they fall - While no doubt applicant had a claim, not one piece of evidence to support contention employed by respondent personally - Respondent gave notice would seek full costs - Completely inappropriate for applicant to put respondent to costs associated with defending himself against entirely unsustainable claim and not expect to meet costs in full - Full costs recoverable |
| Result | Costs in favour of respondent ($2,500) |
| Main Category | Costs |
| Cases Cited | Harley v McDonald [1999] 3 NZLR 545 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 2_08.pdf [pdf 16 KB] |