| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 464A/10 |
| Hearing date | 26 Nov 2010 |
| Determination date | 21 December 2010 |
| Member | E Robinson |
| Location | Auckland |
| Parties | Dunnings v Serious Fun N" Mind Trust" |
| Summary | COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution to costs - Applicant submitted made Calderbank offer to respondent - Authority noted that effect Calderbank offer should have on costs awards was fully discretionary - However, Authority noted Court of Appeal, commenting on exercise of discretion, noted that public interest in fair and expeditious resolution of disputes would be adversely affected if parties permitted to ignore Calderbank offers without costs being impacted - Authority found Calderbank offer made over five months before investigation meeting and so before preparation costs incurred, and respondent given ample time to consider it - Found applicant awarded more than amount in Calderbank offer - Found offer genuine attempt to resolve matter without further expenditure on litigation - Authority concluded, taking all circumstances into account, Calderbank offer should be given full weight - Authority accepted costs claimed reasonable - Respondent to pay applicant $5,800 contribution to costs |
| Result | Costs in favour of applicant ($5,800) |
| Main Category | Costs |
| Statutes | ERA s123(1)(a);ERA s123(1)(b);ERA s123(1)(c)(i);ERA Second Schedule cl15 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276 ; (1998) 5 NZELC 95,767;Calderbank v Calderbank [1975] 3 All ER 333 ; [1976] Fam 93;Dunnings v Serious Fun N" Mind Trust unreported, E Robinson, 29 Oct 2010, AA 464/10;Health Waikato Ltd v Van Der Sluis [1997] ERNZ 236 ; (1997) 5 NZELC 95,720 ; (1997) 10 PRNZ 514;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808" |
| Number of Pages | 3 |
| PDF File Link: | aa 464a_10.pdf [pdf 14 KB] |