| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 135A/09 |
| Determination date | 16 November 2009 |
| Member | J Crichton |
| Representation | I Stewart ; R Brazil |
| Location | Christchurch |
| Parties | Anderson v Clip Joint Hair Salon |
| Summary | COSTS – Partially successful personal grievance – Length of investigation meeting not specified – Respondent sought $6,000 actual costs – Respondent claimed offered valid Calderbank offer – Applicant argued legally aided, partially successful personal grievance therefore costs to lie where they fall – Authority found s40 Legal Services Act 2000 provided party in receipt of legal aid not liable for costs that were unreasonable for party to pay having regard to circumstances – Found costs award against person in receipt of legal aid may be up to level of contribution Legal Services Agency required from legally aided person – Found Calderbank offer valid and factor in exercising costs award discretion – Authority found if applicant had accepted offer, respondent would have incurred less costs, however, declined to give undue weight to Calderbank offer – Authority ordered applicant to pay respondent amount limited to contribution to Legal Services Agency – Authority declined to make declaration on costs level that would have applied had Legal Services Act 2000 not been in play – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40 |
| Cases Cited | Awa v Independent News Ltd [1996] 2 NZLR 184;Jack v Ministry of Justice unreported, Shaw J, 18 Mar 2005, WC 6/05;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 135a_09.pdf [pdf 15 KB] |