| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 81/08 |
| Determination date | 11 June 2008 |
| Member | P Montgomery |
| Representation | D Beck ; G Jones |
| Location | Christchurch |
| Parties | Armon v Bridgestone New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - 2 day investigation meeting - Respondent argued case outside run of the mill as counsel for applicant sought an adjournment prior to submissions being heard at close of investigation meeting - Also submitted legal issues complex and engaged more of respondent's counsel time than was usual - Submitted contribution of $4,825 to respondent's total costs of $12,400 reasonable - Applicant argued claim neither vexatious nor frivolous and submitted costs should lie where they fall given financial position - Authority found respondent put to additional costs by applicant's counsel requesting an adjournment before presenting submissions - Found while, case neither vexatious nor frivolous was far from robust - Applicant to pay $4,825 contribution to respondent's reasonably incurred costs by instalments |
| Result | Costs in favour of respondent ($4,825) |
| Main Category | Costs |
| Statutes | ERA Schedule 2.15(2) |
| Cases Cited | Hjorth v Onesource Ltd unreported, L Robinson, 13 September 2004, AA 292/04;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 81_08.pdf [pdf 16 KB] |