| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 34A/09 |
| Determination date | 16 June 2009 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Philpott v London Ltd t/a Ladybirds for Gifts and Anor |
| Other Parties | Greenwood |
| Summary | COSTS – Unsuccessful jurisdiction claim – One day investigation meeting – Respondents sought contribution to costs of $12,000 – Respondents claimed applicant’s vexatious claim had no prospect of success and decision to proceed put respondents to unnecessary costs – Applicant argued no financial ability to pay costs - Authority found applicant’s claim not vexatious however claim had real risk of failure – Found applicant’s allegations serious and defendants entitled to defend claim - Found applicant had no ulterior motive, did not appreciate low chance of success and proceedings not delayed – Authority accepted applicant presently unable to meet costs award however would have ability in future – Found contribution to costs of $4,500 appropriate – Costs awarded in favour of respondents |
| Result | Costs awarded in favour of respondents ($4,500) |
| Main Category | Costs |
| Number of Pages | 5 |
| PDF File Link: | wa 34a_09.pdf [pdf 21 KB] |