| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54A/10 |
| Determination date | 20 April 2010 |
| Member | M Urlich |
| Representation | J Parlane ; S Wragg |
| Location | Auckland |
| Parties | Paea v Department of Corrections |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $5,000 contribution to total costs of over $20,000 - Respondent also sought $384 travel expenses and $400 contribution towards preparation of costs memorandum - Respondent claimed costs reasonable and necessary to properly defend claim - Claimed increased costs award warranted given, respondent’s view upheld by Authority, applicant’s late amendments to Statement of Problem and improperly filed evidence resulted in unnecessary costs - Claimed applicant’s failure to comply with timetables caused additional costs - No costs submissions received from applicant - Authority found costs award warranted - Found in circumstances, in particular nature of matter, hearing time, additional costs incurred as result of manner applicant pursued application and accepting $3,000 as upper limit of notional daily rate, costs award of $3,000 appropriate - Applicant to pay respondent $3,000 contribution to costs plus $50 disbursements - Claim for reimbursement of travel costs dismissed - Costs incurred in filing for costs to be met by parties |
| Result | Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($50) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Paea v Chief Executive of the Department of Corrections unreported, M Urlich, 9 Feb 2010, AA 54/10;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 |
| Number of Pages | 2 |
| PDF File Link: | aa 54a_10.pdf [pdf 23 KB] |