| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187A/10 |
| Determination date | 01 June 2010 |
| Member | V Campbell |
| Representation | P Evans-McLeod (in person) ; J Rooney |
| Location | Auckland |
| Parties | Evans-McLeod v Telecom New Zealand Ltd & Ors |
| Other Parties | Dalzell, Young, Hoult |
| Summary | COSTS - Unsuccessful jurisdiction and practice and procedure claim - Less than half a day investigation meeting - First respondent sought $3,000 contribution to costs plus disbursements - First respondent claimed applicant’s claims bound to fail - Claimed applicant’s approach to disclosure caused it to incur far more costs than necessary - Claimed applicant’s conduct in conducting case warranted award of costs above notional daily tariff - Applicant claimed had been unemployed for nine months and in receipt of WINZ benefit - Applicant asked Authority to take into account applicant’s health issues - Authority accepted applicant’s approach to case caused respondent to incur significantly more costs than would ordinarily have been required - However, costs not to be used as punishment or expression of disapproval of unsuccessful party’s conduct - Having regard to nature of matter and in principled exercise of discretion applicant to pay first respondent $1,500 contribution to costs plus disbursements |
| Result | Costs in favour of first respondent ($1,500) ; Disbursements in favour of first respondent ($401.48) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 187a_10.pdf [pdf 10 KB] |