| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 314A/09 |
| Determination date | 19 October 2009 |
| Member | Y S Oldfield |
| Representation | D Taylor (in person) ; K Ashcroft |
| Location | Auckland |
| Parties | Taylor v Prysmian Power Cables and Systems New Zealand Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought full solicitor-client costs of $17,500 – Respondent claimed valid Calderbank offer made therefore applicant could have avoided further costs if offer accepted – Applicant argued respondent accepted “errors” in their treatment towards applicant in earlier determination, therefore respondent not entirely absolved of wrongdoing – Argued suffered personal bereavement – Argued costs to lie where they fall – Authority found valid Calderbank offer made and offer weighed into discretion to order contribution to costs – Found case straightforward and respondent wholly successful – Found while full solicitor-client costs could not be awarded, $6,000 reasonable contribution appropriate – Costs in favour of respondent |
| Result | Costs in favour of respondent ($6,000) |
| Main Category | Costs |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601;Diver v Geo Boyes & Co unreported, Penlington J, 20 May 1998, CP 58/93;GWD Russells (Gore) Ltd v Muir [1993] 2 ERNZ 955 |
| Number of Pages | 3 |
| PDF File Link: | aa 314a_09.pdf [pdf 44 KB] |