| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 241A/10 |
| Determination date | 12 November 2010 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Parata v Montage General Insurance Ltd |
| Summary | COSTS – Previous compliance order in favour of applicant – Applicant sought $48,614 contribution to actual costs – Applicant argued shifting grounds, serious allegations, and settlement attempts in support of high costs award – Authority found applicant’s costs submissions failed to address correct principles as to costs in Authority – Noted result of case economic disaster – Noted parties representatives had not taken realistic view of situation – Noted representatives had also failed to have regard to law – Found Da Cruz binding on Authority and legal representatives expected to know that – Found costs should follow the event and be reasonable contribution to total notional costs – Found total notional reasonable costs $20,000 – Respondent ordered to pay $9,500 contribution to applicant’s costs – Found not reasonable to reimburse applicant for obtaining video link – Respondent to pay applicant $650 disbursements |
| Result | Costs in favour of applicant ($9,500) ; Disbursements ($650) |
| Main Category | Costs |
| Statutes | ERA s137;ERA s138;ERA Second Schedule cl16 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 8 |
| PDF File Link: | aa 241a_10.pdf [pdf 30 KB] |