| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 84/10 |
| Determination date | 09 April 2010 |
| Member | H Doyle |
| Representation | J Beck ; M Nidd |
| Location | Christchurch |
| Parties | Taylor v Milburn Lime Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Applicant claimed issue of costs should be deferred until challenge in Employment Court heard - Respondent claimed appropriate to deal with costs now - Authority found appropriate to deal with costs - Respondent claimed incurred costs and disbursements of over $8,500 - Claimed Authority made credibility finding in favour of respondent - Claimed were significant matters of law requiring detailed submissions - Claimed had to compensate considerable witness expenses - Claimed put applicant on notice at very early stage would be seeking indemnity costs - Applicant claimed any costs award should be modest or costs should lie where they fall - Claimed nothing other than standard about conduct of investigation meeting - Claimed not reasonable for respondent to provide no breakdown of costs - Found no good reason to depart from principle that costs follow the event - Found indemnity costs not appropriate - Found fact party put on notice of possibility of indemnity costs would be sought did not mean was certain would be ordered - Found matter not factually complex but were some legal issues requiring careful consideration - Found no reason to depart from daily tariff approach - Applicant to pay $2,700 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($2,700) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 84_10.pdf [pdf 18 KB] |