| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 83A/10 |
| Determination date | 08 June 2010 |
| Member | D Asher |
| Representation | F Mackay ; S Burlace |
| Location | Wellington |
| Parties | Pryce v Wanganui Realties Ltd t/a Ray White Realty |
| Summary | COSTS - Successful personal grievance - Matter determined on the papers - Applicant sought two thirds contribution of $10,589 costs to total cots of $16.054 - Claimed costs should follow the event - Both parties initiated Calderbank and other without prejudice settlement offers - Respondent claimed costs should lie where they fall or, alternatively, be awarded to respondent because settlement offer made prior to any proceedings being filed should have been accepted - Claimed had applicant accepted offer would have received very similar amount to that awarded in Authority - Authority found applicant more successful in Authority than would have been if accepted Calderbank offer - Found Calderbank offer to be put aside - Found applicant’s costs claim included matters preceding and separate from issues that culminated in Authority’s determination - Found not appropriate to recognise any costs other than those incurred in preparing for, presenting and arguing applicant’s claims before Authority - Found taking all circumstances into account respondent to pay applicant $2,000 contribution to costs |
| Result | Costs in favour of applicant ($2,000) |
| Main Category | Costs |
| Statutes | ERA s123 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Pryce v Wanganui Realties Ltd t/a Ray White Realty unreported, D Asher, 30 Apr 2010, WA 83/10;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 4 |
| PDF File Link: | wa 83a_10.pdf [pdf 18 KB] |