| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 76C/08 |
| Determination date | 04 December 2008 |
| Member | H Doyle |
| Representation | K Stringleman ; B Fletcher |
| Location | Christchurch |
| Parties | Joseph v Maataa Waka Ki Te Tau Ihu Trust |
| Summary | COSTS - Successful personal grievance - One day investigation meeting - Applicant sought contribution to total costs of $6,440 - Respondent claimed as made Calderbank offer no justification for costs award in favour of applicant - Respondent claimed costs award in favour of respondent appropriate or costs should lie where they fall - Authority found Calderbank offer made well before investigation meeting and adequate time for consideration provided - Found appropriate to take Calderbank offer into account - Found no need to depart from principle unsuccessful party contributes towards costs of successful party - Authority took notional daily rate of $2,500 as starting point then reduced it to take account of Calderbank offer - Costs award then adjusted upwards to reflect certain matters - Respondent to pay $2,300 contribution to applicant’s costs - Authority found appointment of out of town counsel not so unreasonable as to deprive applicant of entitlement to contribution to travel and accommodation expenses - Respondent to pay $200 contribution for travel and accommodation and $20 for disbursements |
| Result | Costs in favour of applicant ($2,300) ; Disbursements ($220) |
| Main Category | Costs |
| Statutes | ERA Second Schedule |
| Cases Cited | Health Waikato Ltd v Van Der Sluis [1997] 10 PRNZ 514;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 76c_08.pdf [pdf 19 KB] |