| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 30/09 |
| Determination date | 17 March 2009 |
| Member | J Crichton |
| Representation | J Smith ; C Murphy |
| Location | Christchurch |
| Parties | Cameron v PBT Couriers Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Respondent sought contribution of 60 percent to 80 percent of costs – Respondent claimed “without prejudice” settlement offered therefore offer should be taken into account – Respondent also claimed applicant’s claim frivolous - Applicant argued costs should lie where they fall because “without prejudice” offer not Calderbank offer and case was test case – Authority found grievance not frivolous and high costs incurred reflected the importance of case to both parties – Found “without prejudice” offer not Calderbank offer – Found case a test case – Found just for respondent to bear own costs because case was brought to protect own business interests – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Cases Cited | Graham v Airways Corporation of New Zealand Limited, unreported, A Dumbleton J, 28 June 2004, AA 36/09;PBO Limited v Da Cruz [2005] 1 ERNZ 808;Vaughan v Canterbury Spinners, unreported, Goddard CJ, 29 Oct 2003, CC18A/03 |
| Number of Pages | 6 |
| PDF File Link: | ca 30_09.pdf [pdf 34 KB] |