| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 37 |
| Determination date | 25 January 2011 |
| Member | E Robinson |
| Location | Auckland |
| Parties | Briskie v McHannigan & Anor |
| Other Parties | Parker |
| Summary | COSTS – Unsuccessful personal grievance – Applicant legally aided in substantive matter – Authority noted normally recovery of contribution to costs unavailable where party legally aided – Respondent argued incurred $12,125 actual costs – Respondent argued exceptional circumstances warranted departure from usual rule that costs against legally aided person limited to amount of persons contribution to grant of legal aid – Respondent argued unmeritorious and spurious nature of claim, evidence not supporting claim, and fact claim progressed over significant period where applicant failed to produce witnesses amounted to exceptional circumstances – Authority noted exceptional circumstances threshold was high – Found no exceptional circumstances – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | ERA sch 2;Legal Services Act 2000 s40;Legal Services Act 2000 s40(2);Legal Services Act 2000 s40(5) |
| Cases Cited | Awa v Independent News Auckland Ltd [1996] 2 NZLR 184;Barrett v Te Runanga O Ngati Pu Incorporated unreported, Chambers J, 16 April 2002, CP 52/00;NZ Automobile Association Inc v McKay [1996] 2 ERNZ 622;Registrar of Trade Unions v NZALPA (1989) ERNZ Sel Cas 304;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305;Wadley v Salon D'Orsay [1998] 1 ERNZ 369 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_37.pdf [pdf 16 KB] |