Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 48/08
Determination date 15 February 2008
Member R A Monaghan
Representation M Smyth ; K Nicolson
Location Auckland
Parties IT Maniacs Ltd v Ford
Summary COSTS - Partially successful breach of contract claim - Successful personal grievance counterclaim but no remedies awarded - Length of investigation meeting not specified - Respondent adjudicated bankrupt - Official Assignee confirmed sought determination on costs - Respondent submitted all costs incurred for purpose of successfully establishing breach of contract - Sought contribution of $22,875 to total costs of over $30,000 to reflect unnecessary expense claimed put to - Applicant submitted he was largely successful party and sought reasonable contribution to costs of $23,496 - Respondent's dismissal based on essential same breaches as applicant's claim - Not correct to say all costs incurred were for purpose of establishing breach - Neither party could claim to be largely successful party - Calderbank offer made by respondent on date on scheduled investigation meeting - Conditions attached to offer meant rejection of it did not require applicant to contribute to costs - Costs to lie where they fall
Result Costs to lie where they fall
Main Category Costs
Number of Pages 3
PDF File Link: aa 48_08.pdf [pdf 15 KB]