| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 409A/10 |
| Determination date | 04 November 2010 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Brake v Grace Team Accounting Ltd |
| Summary | COSTS - Discontinued interim reinstatement application - Unsuccessful breach of contract claim - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $7,500 contribution to costs - Applicant claimed costs should lie where they fall or alternatively be no more than $1,500 - Authority found respondent had not disclosed actual costs incurred - Found important parties disclosed actual costs incurred so Authority knew not being asked to award more costs than actually incurred - Authority found usual principles to apply - Found order for $3,000 per day reasonable starting point - Found were compelling circumstances in present case for lower award - Found although respondent not legally at fault applicant suffered significant deterioration in already threatened state of health - Authority accepted applicant unable to work at present time and would face hurdles finding work in future - Accepted applicant without income and had very limited means - Found costs award of $3,500 appropriate in all circumstances - Applicant to pay respondent $3,500 contribution to costs |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ERA s103A;ERA Second Schedule cl15 |
| Cases Cited | Brake v Grace Team Accounting Ltd unreported, A Dumbleton, 13 Sep 2010, AA 409/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 409a_10.pdf [pdf 18 KB] |