| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 258 |
| Determination date | 17 June 2011 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Butterworth v TBA Communications Ltd |
| Summary | COSTS – Partially successful personal grievance – Two day investigation meeting – Respondent sought $25,141 full indemnity costs – Respondent claimed made Calderbank offers to applicant which were significantly in excess of amount ultimately awarded by Authority – Respondent alternatively sought sum well above notional daily tariff – Respondent claimed time needed for preparation increased by delay between first and second meetings – Applicant claimed successful in Authority – Applicant claimed awarded modest compensation and incurred modest legal costs and therefore costs should lie where they fall – Applicant claimed unable to pay costs at level sought by respondent – Authority found little or no detail of nature of respondent’s professional services rendered – Authority declined to award solicitor client costs – Found applicant partially successful and twice declined reasonable Calderbank offers – Found actual disadvantage to applicant limited – Found Calderbank offers generous – Found rejection of Calderbank offers unreasonable and led respondent unnecessarily to incur significant costs - $9,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($9,000) |
| Main Category | Costs |
| Statutes | ERA s63A(2);ERA Second Schedule cl15 |
| Cases Cited | Carter Holt Harvey Ltd v Eastern Bays Independent Union and Ors [2011] NZEMPC 13;Chen v New Zealand Sugar Company Ltd [2010] NZCA 477;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_258.pdf [pdf 18 KB] |