| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 128A/10 |
| Determination date | 26 July 2010 |
| Member | R Arthur |
| Representation | F Chen (in person) ; J Douglas |
| Location | Auckland |
| Parties | Chen v Banclogix Ltd |
| Summary | COSTS – Unsuccessful application to raise grievance out of time – Applicant exercised right to challenge previous determination out of time – Authority found usual process to determine costs on own investigation – Respondent sought $5000 as reasonable contribution to $7266 actual costs – Applicant alleged witness statements and documents not verified in Authority investigation – Applicant sought costs to lie where the fall – Authority found appropriate to follow notional daily rate – Found usual daily rate to apply – Found while some merit in respondent’s arguments that applicant unnecessarily increased costs, no upward adjustment of daily rate appropriate given evidence – Authority ordered applicant to pay respondent $3,000 contribution to costs – Authority noted arrangement may be required for applicant to pay costs in instalments over extended period |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | Chen v Banclogix Ltd unreported, R Arthur, 19 Mar 2010, AA 128/10;Chen v KVB Kunlun New Zealand Ltd unreported, R Arthur, 7 Apr 2010, AA 159/10 |
| Number of Pages | 3 |
| PDF File Link: | aa 128a_10.pdf [pdf 15 KB] |