| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 96A/09 |
| Determination date | 11 November 2009 |
| Member | J Crichton |
| Representation | S Meikle ; J Drayton |
| Location | Wellington |
| Parties | Savage v Capital & Coast District Health Board |
| Summary | COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought costs award of $29,390 – Applicant argued costs should lie where they fall because respondent created first personal grievance – Respondent argued successful in defence of claim – Respondent claimed applicant increased costs by advancing spurious arguments – Authority found respondent entirely successful in defence of claim – Found were consequences for bringing unmeritorious claim – Found Calderbank letters illustrated respondent’s attempt to resolve matters – Found respondent’s total costs $42,000 – Applicant argued respondent’s costs unreasonable given applicant’s total costs of $16,500 – $16,000 contribution to costs appropriate given daily rate and Calderbank offers |
| Result | Costs in favour of respondent ($16,000) |
| Main Category | Costs |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 Jan 2008, AA 39/04;PBO Ltd v Da Cruz unreported, Shaw J, 9 Dec 2005, AC 2A/05 |
| Number of Pages | 6 |
| PDF File Link: | wa 96a_09.pdf [pdf 20 KB] |