| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 6 |
| Determination date | 14 January 2011 |
| Member | J Crichton |
| Representation | N West (in person) ; R Brazil |
| Location | Christchurch |
| Parties | West v Outback New Zealand Ltd |
| Summary | COSTS – Personal grievance claim withdrawn at end of first day of two day investigation meeting - Respondent sought $7,500 contribution to costs - Applicant claimed costs should lie where they fall - Authority found particular circumstances of costs claim unusual because matter concluded in extraordinary way - Applicant failed to appear at second day of investigation meeting – Applicant’s advocate indicated advised applicant to withdraw claim as applicant confessed perjured herself and solicited false information from witness - In costs submission applicant denied committing perjury or soliciting false evidence – Claimed withdrew from hearing because Authority Member biased against her and had no prospect of winning – Claimed advocate advised her to withdraw – Authority noted advocate had not raised issue of prejudice or bias at investigation meeting - Authority advised applicant to contact Chief of Authority if believed did not get fair hearing and matter could be investigated - Respondent claimed put to significant trouble and expense in defending meritless allegation which was not subject to determination by Authority as claim withdrawn – Claimed if applicant had not reported perjury likely Authority would have believed perjured evidence and found in applicant’s favour – Authority found aspect about which perjury alleged small part of claim and impossible to predict how Authority would have assessed competing evidence – Found if had been missed communication between applicant and advocate wrong to visit consequences on applicant any further - Found Calderbank offer made by respondent which applicant declined to be taken into account - Applicant claimed not in financial position to meet significant award of costs – Authority found law clear that where party withdrew claim especially at last minute or during course of proceedings award of costs may be made against withdrawing party, provided Authority satisfied other party incurred costs in proceeding up to date of withdrawal – Found respondent had incurred costs - Authority found $5,000 contribution appropriate – Figure reflected one day investigation meeting with allowance for refused Calderbank offer set off against applicant’s ability to pay and confusion about reason for her withdrawing claim – Applicant to pay respondent $5,000 contribution to costs |
| Result | Costs in favour of respondent ($5,000) |
| Main Category | Costs |
| Cases Cited | Sheiling Laboratories Ltd v Smith unreported, Goddard CJ, 06 Jun 1995, AEC 48/95 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_6.pdf [pdf 17 KB] |