| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/10 |
| Determination date | 24 February 2010 |
| Member | M Urlich |
| Representation | E Orlov ; R France |
| Location | Auckland |
| Parties | Yang v New Zealand College of Chinese Medicine |
| Summary | COSTS - Unsuccessful jurisdiction claim - Less than one day investigation meeting - Respondent sought $1,750 contribution to total costs of $5,967 - Respondent claimed successful party and costs should follow the event - Claimed received no response to offer to settle costs - Claimed nature of applicant’s claims required significant level of preparation - Claimed additional costs unnecessarily incurred when first scheduled investigation meeting adjourned at applicant’s counsel’s request - Applicant claimed $500 contribution to costs appropriate - Claimed insufficient time to consider costs offer - Claimed overall question in costs setting was what was fair and reasonable between parties - Claimed any award should be minimal as was jurisdictional issue and investigation meeting lasted half a day - Authority found costs award warranted - Found given nature of proceedings and length of investigation meeting award of $1,600 appropriate |
| Result | Costs in favour of respondent ($1,600) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Yang v New Zealand College of Chinese Medicine Ltd unreported, M Urlich, 29 Oct 2009, AA 376/09 |
| Number of Pages | 2 |
| PDF File Link: | aa 88_10.pdf [pdf 23 KB] |