| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 26/10 |
| Hearing date | 11 Feb 2010 |
| Determination date | 12 February 2010 |
| Member | D Asher |
| Representation | L Watson ; J Gwilliam |
| Location | Wellington |
| Parties | Kirkwood v DAS Transport Ltd |
| Summary | COSTS - Successful personal grievance - Half a day investigation meeting - Applicant sought $3,000 contribution to total costs of $8,500 - Applicant claimed successful in claim and costs should follow the event – Applicant placed reliance on Authority’s comments in substantive determination that costs contribution should reflect respondent’s less than cooperative approach to investigation that resulted in additional but unnecessary attendances by applicant’s counsel - Respondent claimed costs should be limited to interlocutory matters and not substantive investigation as respondent had no opportunity to present its case - Claimed applicant should take some responsibility for difficulties imposed on respondent as knew respondent’s directors’ private addresses which could have been used for service - Claimed costs should be nominal to reflect respondent’s difficulties when elected to dispense with previous counsel’s services - Authority found not fair to place responsibility for respondent’s delays on applicant - Found in all circumstances respondent to pay $3,000 contribution to applicant’s reasonably incurred costs |
| Result | Costs in favour of applicant ($3,000) |
| Main Category | Costs |
| Cases Cited | Kirkwood v DAS Transport Ltd unreported, D Asher, 13 Nov 2009, WA 178/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 26_10.pdf [pdf 11 KB] |