| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 63/10 |
| Determination date | 12 April 2010 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Smith v DTZ New Zealand Ltd |
| Summary | COSTS - Dispute answered in favour of applicant - Less than half a day investigation meeting - Applicant sought $6,000 contribution to costs plus $70 filing fee - Applicant claimed case avoidable, respondent’s approach punitive, and legal fees included other assistance - Respondent accepted applicant entitled to contribution to costs as successful party and costs should follow the event - Respondent claimed costs to be assessed on daily tariff approach and should be no more than $1,250 - Authority found parties not required, and did not, submit written statements - Found nothing unusual or exceptional about case to warrant departure from daily tariff approach - Found no evidence respondent’s resistance to claim punitive - Found was genuine dispute to be tested - Found reasonable costs would be in order of tariff for full day which amounted to $3,000 - Found reasonable contribution to costs would be two thirds of that - Respondent to pay applicant $2,000 contribution to costs plus filing fee |
| Result | Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | Smith v DTZ New Zealand Ltd unreported, P R Stapp, 11 Dec 2009, WA 194/09 |
| Number of Pages | 2 |
| PDF File Link: | wa 63_10.pdf [pdf 13 KB] |