| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 46A/10 |
| Determination date | 09 April 2010 |
| Member | P Montgomery |
| Representation | P O'Sullivan ; D Pine |
| Location | Christchurch |
| Parties | Pivott v Ross Milking Ltd |
| Summary | COSTS - Successful personal grievance - Half a day investigation meeting - Applicant claimed contribution to costs of between $8,000 and $15,000 would be principled and equitable contribution to costs - Respondent claimed applicant’s approach to costs unsound and believed cases cited by applicant clearly distinguishable on facts and length of hearings - Respondent claimed no costs should be awarded as part of costs related to mediation and Calderbank offer close to what applicant awarded by Authority - Authority found despite protracted and lively exchanges between parties not case where respondent’s conduct reprehensible - Authority declined to award indemnity costs - Found however, was behaviour that appeared obstructive before applicant appointed counsel which caused extra work for respondent - Found appropriate case to adjust daily tariff approach - Respondent to pay applicant $4,000 contribution to costs plus disbursements - PRACTICE AND PROCEDURE - Application for joinder - Applicant made application to join respondent’s principles - Claimed principles acted in cavalier fashion in respect of obligations as company directors - Found application without merit in costs setting - Application declined |
| Result | Application dismissed (Practice and procedure) ; Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($118.70) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 46a_10.pdf [pdf 12 KB] |