| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 179C/09 |
| Determination date | 29 October 2009 |
| Member | M Urlich |
| Representation | M Bailey ; N Faltus |
| Location | Auckland |
| Parties | Dittmer v Progressive Investment Enterprise Ltd |
| Summary | COSTS – Unsuccessful jurisdiction application – Length of investigation meeting not specified - Respondent sought $16,752 as full indemnity costs on following grounds – First, applicant and their representative’s conduct reprehensible and improper – Second, applicant proceeded with unmeritorious claim and fabricated evidence with intention to mislead Authority – Third, applicant’s conduct unnecessarily prolonged length of investigation meeting as time spent dealing with fabricated evidence – Authority found applicant and their representative’s conduct unnecessarily increased costs and their conduct should be taken into account in inflating costs award – Found full indemnity costs would not sit comfortably with Authority’s exercise of discretion – Found $10,000 reasonable contribution to costs appropriate – Costs in favour of respondent |
| Result | Costs in favour of respondent ($10,000) ; Disbursements in favour of respondent ($70)(Filing fee) |
| Main Category | Costs |
| Statutes | ERA cl15, sch2 |
| Cases Cited | Dittmer v Progressive Investment Enterprise Ltd unreported, M Urlich, 11 Jun 2009, AA 179/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 179c_09.pdf [pdf 26 KB] |