Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 32/09
Determination date 17 March 2009
Member P Montgomery
Representation A McKenzie ; R Hopkins
Location Christchurch
Parties Kim v Haemin Corporation Ltd
Summary COSTS - Applicant sought adjournment to investigation meeting, as going overseas for medical treatment - Authority declined adjournment but restricted investigation meeting to disputed jurisdictional issues - Three days before scheduled investigation meeting, applicant withdrew application - Respondent sought costs incurred in preparation of defence of $1,500 - $2,000 against actual costs of $4,200 - Applicant argued costs should lie where they fall - Authority found no significant intentional breaches of directions by either party - Found withdrawl of claim in circumstances did not indicate claim frivolous or vexatious - Authority awarded $850 as contribution to respondent's reasonably incurred costs
Result Costs in favour of respondent ($850)
Main Category Costs
Cases Cited PBO v Da Cruz [2005] 1 ERNZ 808
Number of Pages 2
PDF File Link: ca 32_09.pdf [pdf 14 KB]