| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/09 |
| Determination date | 16 April 2009 |
| Member | P Montgomery |
| Representation | T Mackenzie ; P Shaw |
| Location | Christchurch |
| Parties | Cox v Allied Telesis Labs Ltd |
| Summary | COSTS – Successful personal grievance – Applicant sought full solicitor-client costs of $7,875 and disbursement of $381 – Respondent claimed costs ought to lie where they fall because applicant successful in only one of three claims – Applicant made Calderbank offer – Respondent prolonged investigation by refusing to disclose past policies on redundancy which Authority later ordered disclosure – Preliminary investigation meeting into disclosure issue took 45 minutes – Primary investigation took 1 day and 15 minutes – Authority found case to be treated on own facts – Found mediation costs excluded from calculation - Found just to begin with 66 percent of total costs sought because significant proportion of applicant’s costs incurred after Calderbank offer – Found Calderbank offer increased sum to 75 percent of total costs sought – Found applicant entitled to contribution of $4,312 and disbursements - Costs in favour of applicant |
| Result | Costs in favour of applicant ($4,312.50) ; Disbursements in favour of applicant ($381.56) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;PBO Ltd v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 48_09.pdf [pdf 17 KB] |