| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 226/08 |
| Determination date | 02 July 2008 |
| Member | M Urlich |
| Representation | J Schlooz ; B Stainton |
| Location | Auckland |
| Parties | Faith v Taonga Imports Ltd |
| Summary | COSTS - Unsuccessful raising of personal grievance - Length of investigation meeting not specified - Respondent sought contribution to costs citing exceptional circumstances warranting departure from usual rule that costs against legally aided person limited - Argued applicant's preliminary and substantive claims were unmeritorious and applicant did not progress claim in timely manner - Applicant denied claims by respondent amounted to exceptional circumstances - Authority found no exceptional circumstances so no order for costs would be made exceeding amount of applicant's contribution to legal aid grant - Had applicant not been legally aided then costs award would have been made in favour of respondent relating to leave application - As applicant made no contribution to amount of legal aid no order for costs could be made |
| Result | No order for costs |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40;Legal Services Act 2000 s40(1);Legal Services Act 2000 s40(2);Legal Services Act 2000 s40(5) |
| Cases Cited | Awa v Independent News Auckland Ltd [1996] 2 NZLR 184;Barrett v Te Runanga O Ngati Pu Incorporated unreported, Hamilton Registry, Chambers J, 16 April 2002, CP 52/00;Hunter v Sorenson Group Ltd unreported, K Anderson, 12 January 2004, AA 7/04;Mullay v Southern Institute of Technology unreported, H Doyle, 31 January 2001, CA 15/06 |
| Number of Pages | 5 |
| PDF File Link: | aa 226_08.pdf [pdf 21 KB] |