| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62A/10 |
| Determination date | 04 June 2010 |
| Member | D Asher |
| Representation | G Tayler ; R Gibson |
| Location | Wellington |
| Parties | Brocklehurst v KBM Machine Maintenance Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Unsuccessful penalty claim - Half a day investigation meeting - Respondent sought contribution to total costs of $6,875 - Respondent claimed appropriate case to depart from daily tariff approach and make significant or full costs award - Respondent claimed costs incurred necessary and reasonable - Claimed applicant’s claims lacked merit - Claimed respondent immediately arranged mediation and advised applicant would forego seeking costs in event applicant withdrew claim before specified date - Claimed incurred additional costs in respect of penalty claim when clear applicant not disadvantaged by respondent’s technical breach of Wages Protection Act 1983 - Applicant claimed costs should lie where they fall or be no more than $1,000 - Claimed case effectively test case as no apparent judgment on question - Claimed repeated requests to settle went unanswered until purported Calderbank offer received - Claimed Calderbank offer lacking in essential requirements - Claimed Authority did not find applicant’s claims vexatious or frivolous - Authority found matter not test case because no question of law involved as outcome determined by evidence - Found Calderbank offer did not meet requirements for genuine Calderbank offer - Found matter was undistinguished personal grievance and costs should follow the event - Applicant to pay respondent $1,500 contribution to costs |
| Result | Costs in favour of respondent ($1,500) |
| Main Category | Costs |
| Statutes | Crimes Act 1961;Wages Protection Act 1983 s4 |
| Cases Cited | Brocklehurst v KBM Machines Ltd unreported, D Asher, 12 Apr 2010, WA 62/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Shanks v Agar t/a Rod Agar & Company [1996] 2 ERNZ 578 |
| Number of Pages | 5 |
| PDF File Link: | wa 62a_10.pdf [pdf 20 KB] |