| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 125A/08 |
| Determination date | 12 December 2008 |
| Member | G J Wood |
| Location | Wellington |
| Parties | Collins v Idea Services Ltd and Anor |
| Other Parties | IHC New Zealand Incorporated |
| Summary | COSTS – Unsuccessful substantive claim by applicant – Respondent sought $8,850 costs following Calderbank letter plus substantial contribution to other costs of $1,900 – Applicant argued substantive application dismissed on technical point only – Applicant argued without forewarning sprung a surprise concerning naming of wrong party in statement of problem – Applicant also argued Authority had noted merits of case had only slightly favoured second respondent – Authority found applicant unsuccessful because had misdescribed former employer, therefore had failed to commence action within three years in Authority – Authority had noted applicant to take responsibility for misdescription of former employer and delay – Authority found were it not for Calderbank offer clearly case where costs should lie where they fall as result of mutual misunderstanding as to correct employer – Found as issuing of Calderbank offer set at relatively low level – Found in equity and good conscience, and interests of justice, costs should lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | ERA s219;ERA s221 |
| Cases Cited | Shanks v Agar [1996] 2 ERNZ 578 |
| Number of Pages | 3 |
| PDF File Link: | wa 125a_08.pdf [pdf 18 KB] |