| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 13A/10 |
| Determination date | 01 April 2010 |
| Member | D Asher |
| Representation | A Parker ; F Minehan |
| Location | Wellington |
| Parties | Wagg & Harcombe Ltd v Pike |
| Summary | COSTS - Unsuccessful breach of contract claim - One and a half days investigation meeting - Respondent claimed total legal aid grant would amount to $3,098 - Respondent claimed further half day hearing initiated by applicant totally unnecessary - Respondent sought further costs on grounds allegation of fraudulent intent totally unjustified on facts - Respondent required to repay legal aid grant and unjust to load what was effectively a loan on innocent party who was in receipt of modest weekly wages - Respondent sought $4,500 contribution to costs - Applicant claimed facts in PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 distinguishable and case rested within usual tariff based approach - Claimed further half day hearing required as result of claim made by respondent - Claimed unique circumstances of case meant open to Authority to let costs lie where they fall - Authority found no reason to deviate from well settled approach to awarding costs - Found no reason to award actual costs - Found as respondent succeeded in defence inequitable should carry burden of legal aid necessary to ensure success - Found in all circumstances, including duration of investigation meeting, applicant to reimburse respondent’s legal aid - Applicant to pay respondent actual legal aid costs of $3,098 |
| Result | Costs in favour of respondent ($3,098.27) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Wag & Harcombe Ltd v Pike unreported, D Asher, 1 Feb 2010, WA 13/10 |
| Number of Pages | 3 |
| PDF File Link: | wa 13a_10.pdf [pdf 16 KB] |