| Summary |
COSTS - Unsuccessful personal grievance - ï¾½ day investigation meeting - Respondent sought contribution of $3,000 to total costs of just over $4,000 - Respondent claimed evidence showed respondent not applicant’s employer and applicant given opportunities to settle matter, including Calderbank offer - Applicant claimed costs should lie where they fall because of applicant’s financial position and own costs increased due to respondent’s delay in responding to personal grievance claim - Authority agreed with applicant’s submission about delay - Noted delay not fault of respondent’s current counsel - Authority chose not to consider Calderbank offer, particularly because of timing of offer - Authority considered entitled to take into account unsuccessful party’s ability to pay - Even if ignored applicant’s financial circumstances and made order for costs, would deduct costs applicant had to unreasonably bear as consequence of respondent’s delays - In circumstances, given that amount would have deducted similar to amount would have awarded, costs to lie where they fall |