Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2011] NZERA Wellington 64
Determination date 27 April 2011
Member P R Stapp
Representation M Smith ; G Taylor
Location Wellington
Parties Lunt v Firth & Stephenson Ltd
Summary COSTS – Unsuccessful claims by applicant – One day investigation meeting – Respondent sought $4,000 contribution to costs – Respondent claimed made Calderbank offer, no basis for departing from principle costs should follow event where successful and challenge of determination should not operate as stay of proceedings – Applicant submitted daily tariff applicable but award should be substantially lower than respondent’s claim, genuine matters required determination and Authority should consider reasonable preparation time – Authority found Calderbank principles inappropriate as respondent successful and costs to follow event – Found not unusual parties required representation and preparation required – Authority noted number of witnesses, matters not unusual and no unnecessary delays to increase respondent’s costs – Applicant to pay respondent contribution towards costs
Result Costs in favour of respondent ($2,500)
Main Category Costs
Number of Pages 3
PDF File Link: 2011_NZERA_Wellington_64.pdf [pdf 11 KB]