| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124A/09 |
| Determination date | 15 July 2009 |
| Member | J Crichton |
| Representation | V Fleming (in person) ; M Lawlor |
| Location | Auckland |
| Parties | Fleming v Delamore & Reidy Mental Health Community Support Services Ltd |
| Summary | COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought full solicitor-client costs and disbursements totalling $37,614 – Respondent claimed applicant’s unmeritorious claims increased costs – Applicant argued was impecunious – Authority found grievance straightforward and defence should have been accomplished in a fraction of actual costs incurred – Found applicant’s unmeritorious claim and disjointed presentation contributed to respondent’s costs, however, insufficient to justify full costs award – Found given applicant’s impecunious position, contribution to costs of $1,000 appropriate – Costs in favour of respondent |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd, unreported, Dumbleton J, 28 Jan, AA 39/04;Jackson v Enterprise Motor Group (North Shore) Ltd, unreported, Robinson J, 24 May 2005, AA 192/05;PBO Ltd (formerly Rush Security) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 124a_09.pdf [pdf 16 KB] |