| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 203 |
| Determination date | 13 May 2011 |
| Member | J Wilson |
| Representation | E Hartdegen ; D Webster |
| Location | Auckland |
| Parties | Choi and Anor v Manhattan Trading Ltd |
| Other Parties | Kim |
| Summary | COSTS – Unsuccessful personal grievances – Two day investigation meeting - Applicant submitted preparation time increased as respondent failed to keep adequate records – Applicant sought $8,000 contribution to costs – Respondent claimed as respondent successful, entitled to costs contribution from applicant – Respondent claimed offered to settle matter at mediation by paying applicants $2,000 each – Authority noted applicants almost entirely unsuccessful in claims and normally would be expected to make contribution to respondent’s costs – Noted respondent’s failure to keep accurate records put applicants to unnecessary expense – Found inequitable and impractical to order applicants to contribute to respondent’s costs – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_203.pdf [pdf 14 KB] |