| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 98 |
| Determination date | 09 June 2011 |
| Member | E Robinson |
| Location | Wellington |
| Parties | Smith v Air2There.com (2008) Ltd |
| Summary | COSTS – Successful personal grievance – Two day investigation meeting – Applicant sought $34,600 contribution to $43,304 total costs – Applicant sought costs as other money lost as result of grievance – Applicant claimed matter conducted in extraordinarily adversarial and aggressive fashion – Applicant claimed respondent obstructed and frustrated process – Applicant claimed respondent engaged in exceptionally bad behaviour – Applicant claimed there were late starts and adjournments and content and nature of allegations prolonged matters – Respondent claimed basis for indemnity costs contrary to principles of reasonableness and proportionality – Respondent claimed reduction in level of costs claimed merited on basis of applicant’s conduct – Respondent claimed applicant breached Authority’s direction to serve agreed bundle of documents causing delay – Respondent claimed gratuitous and lengthy cross-examination of respondent’s CEO – Respondent claimed arduous and constant interruptions and interjections and applicant called witnesses for no real probative value – Authority found overall outcome to be taken into account when determining level of costs – Found applicant’s remedies reduced for contributory conduct – Found both parties conducted themselves in confrontational and adversarial manner and some element of avoidable delay – Found no justification for raising or lowering costs award based on conduct of either party – Applicant sought special damages – Found applicant only claimed special damages after matter determined and question of costs alone remained to be determined – Authority declined to award special damages – Found costs not contractual or statutory benefit - $6,000 contribution to costs appropriate |
| Result | Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Statutes | ERA s124;ERA Second Schedule cl15 |
| Cases Cited | Madsen v Aotearoa International Ltd [1995] ERNZ 325;McKendry v Jansen and Anor [2010] ERNZ 453;NZ Automobile Association Inc v McKay [1996] 2 ERNZ 622;NZ Insurance Guild IUW v Guardian Royal Exchange Assurance Co Ltd [1978] ACJ 151;PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Trotter v Telecom Corporation of NZ Ltd [1993] 2 ERNZ 659;Unkovich v Air New Zealand Ltd [1993] ERNZ 526;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_98.pdf [pdf 25 KB] |