| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 78 |
| Determination date | 13 May 2011 |
| Member | D Asher |
| Representation | P Cranney ; K Soich |
| Location | Wellington |
| Parties | Brooker and Ors v Care Park New Zealand Ltd |
| Other Parties | (other applicants unnamed) |
| Summary | COSTS – Unsuccessful raising personal grievance and dispute – Less than half day investigation meeting – Respondent sought $12,000 contribution to $17,814 total costs – Respondent claimed legal issues complex and number of witnesses interviewed at length – Respondent claimed applicants revisited all respondent’s submissions in final submissions and thereby increased time spent on matter – Respondent engaged Australian and New Zealand counsel – Applicants claimed straightforward dispute – Applicants claimed virtually no disputed facts – Applicants claimed no justification for costs claimed – Authority found matter involved simple issue – Found employment of Australian and New Zealand counsel resulted in additional and unnecessary costs to respondent – Found no evidence to support claim applicants’ conduct unnecessarily protracted and increased cost of proceedings – $1,500 contribution to costs appropriate – Applicants jointly and severally liable for costs |
| Result | Costs in favour of respondent ($1,500) |
| Main Category | Costs |
| Statutes | ERA s5 |
| Cases Cited | Brooker and Ors v Care Park New Zealand Limited unreported, D Asher, 21 Dec 2010, WA 204/10;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_78.pdf [pdf 12 KB] |