| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 185A/09 |
| Determination date | 02 December 2009 |
| Member | P Cheyne |
| Representation | M Patrick ; J Shingleton |
| Location | Christchurch |
| Parties | Patrick v John & Anor |
| Other Parties | Mana Awhi Ltd |
| Summary | COSTS – Unsuccessful application to determine real nature of relationship – Unsuccessful counterclaim – Less than 1 day investigation meeting – Authority found applicant unreasonably caused costs to be incurred by respondent – Applicant lodged personal grievance then withdrew it – Respondents made open offer to applicant to withdraw counter-claim and not seek costs if applicant withdrew residual arrears claim – Respondents need not have incurred further costs following offer – Found applicant’s claims vexatious – Found proceedings not always without merit – Found award of $7,860 appropriate for costs incurred following offer – Found contribution to costs of $1,000 appropriate to recognise respondent’s success in proceedings |
| Result | Costs and disbursements in favour of respondent ($9,000) |
| Main Category | Costs |
| Statutes | Property (Relationships) Act 1976 |
| Cases Cited | PBO Ltd (formerly Rush Securities Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 185a_09.pdf [pdf 13 KB] |