| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 42 |
| Determination date | 14 March 2011 |
| Member | J Crichton |
| Representation | K Graham ; L Jensen |
| Location | Christchurch |
| Parties | O'Connor and Anor v Peevers and Anor |
| Other Parties | O'Connor, Peevers |
| Summary | COSTS – Partially successful claim – Length of investigation meeting not specified – Both parties sought contribution to costs – Applicants legally aided and claimed no exceptional circumstances for costs order against applicants – Applicants sought $2,016 contribution to costs – Parties both made Calderbank offers and offers rejected – Respondents claimed applicants’ claims unmeritorious and pursuit unreasonable – Respondents claimed applicants caused further unnecessary costs in rejecting Calderbank offer – Authority found no exceptional circumstances to award costs against applicants – Found respondents failed to honour obligations in respect of moneys owed to applicants – Authority declined to award costs in favour of respondents – Found applicants failed to make out claim for costs – Found applicant’s success in substantive determination minimal – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40;Legal Services Act 2000 s40(2) |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_42.pdf [pdf 19 KB] |