| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 294A/10 |
| Determination date | 12 August 2010 |
| Member | J Crichton |
| Representation | M Whitehead ; K Hughes |
| Location | Auckland |
| Parties | Newbold v Interlick Foods Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Less than half a day investigation meeting - Respondent sought full costs of $3,121 - Applicant claimed costs should lie where they fall - Claimed was understanding between representatives that would jointly file agreed statement of facts designed to allow Authority to deal with matter expeditiously - Applicant suggested failure to file document respondent’s representatives’ fault - Applicant claimed as was matter of statutory interpretation with widespread interest in result then rules relating to test cases may be applicable - Authority found while did deal with new legislation not strictly a test case - Found no reason to depart from usual premise that costs follow the event - Found as applicant unsuccessful party appropriate to contribute to respondent’s costs - Found nothing in applicant’s conduct to warrant award of full costs - Found case presented clearly, succinctly and not in overly technical or complex way - Found daily tariff approach appropriate - Applicant to pay $750 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($750) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 294a_10.pdf [pdf 16 KB] |