| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 114/10 |
| Determination date | 11 May 2010 |
| Member | J Crichton |
| Representation | D Beck ; S Wragg |
| Location | Christchurch |
| Parties | Wastney v The Chief Executive of The Department of Corrections |
| Summary | COSTS - Unsuccessful unjustified dismissal claim - Partially successful unjustified disadvantage claim - Length of investigation meeting not specified - Applicant legally aided - Applicant sought full solicitor client costs of $6,843 so as to reimburse Legal Services Agency - Claimed as partially successful in unjustified disadvantage claim entitled to full costs - Respondent claimed major issues before Authority determined in respondent's favour - Claimed costs should lie where they fall - Respondent claimed made Calderbank offer in respect of costs that costs should lie where they fall - Found no basis for respondent to be required to make contribution to applicant's costs - Found respondent substantially successful party - Found as applicant legally aided respondent unable to be awarded costs unless exceptional circumstances existed - Found no exceptional circumstances - Found appropriate to take Calderbank offer into consideration - Found costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40(2) |
| Number of Pages | 3 |
| PDF File Link: | ca 114_10.pdf [pdf 16 KB] |