| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 82A/10 |
| Determination date | 26 July 2010 |
| Member | R Arthur |
| Representation | A Boyle ; K Burson |
| Location | Auckland |
| Parties | Bell v Auckland City Council |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought full costs of $15,783 - Alternatively, claimed award above usual daily tariff approach appropriate - Respondent cited applicant’s rejection of Calderbank offer in support - Claimed unsuccessful party had obligation to “contribute significantly to post offer costs” - Claimed “more steely” approach to costs needed where reasonable settlement offers rejected - Applicant claimed indemnity costs inappropriate and notional daily rate should be used - Authority took notional daily rate of $3,000 as starting point for costs award - Found number of factors suggested rate should be adjusted upwards, including: applicant did not accept Calderbank offer, some preparation time wasted because applicant alleged some documents respondent provided were forgeries then accepted were not, and applicant entirely unsuccessful - Found number of factors suggesting notional daily rate should remain the same or be reduced, including: principle costs not to be used as punishment, applicant’s evidence was of modest and limited means, and principle that costs awards modest and reflect what reasonably required in preparing for investigation - Found weighing factors notional daily rate to be increased by $1,000 - Applicant to pay respondent $4,000 contribution to costs - Authority noted arrangement may need to be made for applicant to pay in instalments |
| Result | Costs in favour of respondent ($4,000) |
| Main Category | Costs |
| Cases Cited | Bell v Auckland City Council unreported, R Arthur, 22 Feb 2010, AA 82/10;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear unreported, Colgan CJ, 24 Nov 2006, AC 64/06 |
| Number of Pages | 3 |
| PDF File Link: | aa 82a_10.pdf [pdf 16 KB] |