| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/09 |
| Determination date | 24 April 2009 |
| Member | J Crichton |
| Representation | B Buckett ; C Patterson |
| Location | Wellington |
| Parties | Allan v Ogilvy Wellington Ltd |
| Summary | COSTS – Successful personal grievance – One and half day investigation meeting – Applicant sought special damages of $35,948 and disbursements of $1,737 – Calderbank offer made - Respondent argued claim “exorbitant”, had punitive effect therefore costs proper appropriate – Authority found special damages and costs proper labels to real question of quantum – Found Calderbank offer valid - Found respondent’s behaviour materially contributed to costs – Corporate restructuring made it necessary to determine who was correct respondent – Late change of counsel – Respondent failed to deal expeditiously with personal grievances – Found costs in Authority increased over time and average daily award between $3,000-$3,500 – Found costs over $10,000 unrealistic however respondent’s decline of Calderbank offer caused applicant to incur additional costs of $17,000 – Found costs should follow the event - Took account of respondent’s behaviour and Calderbank offer - Found reasonable contribution of $25,000 and disbursements of $1,000 appropriate – Costs in favour of applicant |
| Result | Costs in favour of applicant ($25,000) ; Disbursements in favour of applicant ($1,000) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Graham v Airways Corporation of New Zealand, unreported, Dumbleton J, 28 Jan 2004, AA39/04;Harwood v Next Homes Ltd [2003] 2 ERNZ 433;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 8 |
| PDF File Link: | wa 50_09.pdf [pdf 26 KB] |