| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 95A/09 |
| Determination date | 02 December 2009 |
| Member | J Crichton |
| Representation | R McCabe, L Phillips ; S Dalzell |
| Location | Christchurch |
| Parties | John v Airways Corporation of New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Respondent sought $22,984 contribution to actual costs of $50,000 - Applicant argued costs incurred by respondent appeared extraordinary and excessive in the circumstances - Authority noted guiding principle that costs ought to be modest - Applicant argued award sought by respondent would be unprecedented with appearance of punishment - Authority did not accept matter as straightforward as represented by applicant - Found matter complex to argue and could not criticise respondent for way case presented - Found not persuaded witnesses produced by respondent superfluous - Respondent sought extension of daily tariff approach to not just actual hearing days but also preparation time - Found case more time consuming and complex than majority of cases - Found more significant costs award appropriate - Authority ordered applicant to pay respondent $17,500 contribution to costs |
| Result | Costs in favour of respondent ($17,500) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Graham v Airways Corporation of New Zealand unreported, A Dumbleton, 28 Jan 2005, AA 39/04;Allan v Ogilvy Wellington Ltd unreported, J Crichton, 24 Apr 2009 (WA 50/09) |
| Number of Pages | 4 |
| PDF File Link: | ca 95a_09.pdf [pdf 19 KB] |