| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 150A/09 |
| Determination date | 12 November 2009 |
| Member | J Crichton |
| Representation | R Boulton ; T McGinn |
| Location | Christchurch |
| Parties | Moore v Seaview Custom Engineering Ltd |
| Summary | COSTS – Unsuccessful interim reinstatement application - Unsuccessful personal grievance – One day investigation meeting – Respondent sought $8,400 as contribution to total costs of $14,000 – Respondent claimed applicant’s conduct during investigation meeting and Calderbank offers caused unnecessary costs – Applicant argued costs to lie where they fall or very modest costs award appropriate – Argued Calderbank offers attempts to settle matters – Argued applicant impecunious therefore even small contribution difficult to meet – Authority found applicant made unfounded comments regarding nature of respondent’s evidence during investigation meeting – Found applicant entitled to settle matters - Found however, applicant’s conduct did not cause increased costs – Found Calderbank offers did not cause increased costs – Found would have set costs at $5,000 on tariff-based approach, however, accepted applicant impecunious – Found applicant unemployed, high mortgage, no savings therefore costs award at realistic level would have punitive effect on applicant – Found $1,000 contribution to costs 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 unreported, A Dumbleton, 28 Jan 2005, AA 39/04;PBO Ltd v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 150a_09.pdf [pdf 20 KB] |