| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147A/10 |
| Determination date | 01 October 2010 |
| Member | R A Monaghan |
| Representation | J Beck ; J Guthrie |
| Location | Christchurch |
| Parties | Halsey v Computer Mate Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Applicant legally aided – Respondent sought costs order against applicant on basis exceptional circumstances existed under s40 Legal Services Act 2000 – Respondent argued applicant unreasonably pursued one or more issues which failed and unreasonably refused to negotiate settlement or participate in alternative dispute resolution – Authority found as matter of fact and degree no exceptional circumstances – Found although respondent forced to incur costs considered unnecessary not for exceptional reasons – Found overall applicant’s pursuit of claims not unreasonable – Authority discussed award would have made but for applicant’s legal aid status – Applicant previously declined respondent’s settlement offer – Noted from contents of applicant’s counsel’s memorandum amount of offer very slightly more than costs incurred to date – Found acceptance of offer would have left applicant with only token amount after costs – Found as applicant not successful in any of claims, would have ordered $2,000 contribution to costs – However, considering factor of offer of settlement would have increased notional daily rate – Authority concluded would have ordered $4,400 contribution to respondent’s costs but for applicant’s legal aid status |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40;Legal Services Act 2000 s40(5) |
| Cases Cited | Bluestar Print Group (NZ) Limited v Mitchell [2010] ERNZ 446;PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | ca 147a_10.pdf [pdf 17 KB] |