| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 286 |
| Determination date | 04 July 2011 |
| Member | R A Monaghan |
| Representation | V Patel (in person) ; S-J Davies |
| Location | Auckland |
| Parties | Patel v Pegasus Stations Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Respondent sought $3,000 contribution to costs plus travel costs - Applicant claimed application should be declined because filed outside timetable specified in Authority's determination - Applicant claimed unable to meet order for costs - Applicant claimed not obliged to meet costs of out of town counsel and witness - Applicant claimed costs should be declined because respondent refused to attend mediation - Authority found memorandum on costs received day after expiry of timetable specified in determination - Respondent asked timetable be varied or leave to file out of time be granted - Found no reason given for late filing, but no indication of prejudice to applicant as result - Leave granted to file out of time - Found limited information about applicant's financial circumstances - Found element of acknowledgement that applicant's ability to pay limited - Found witness' flights should be reimbursed but local counsel could have been instructed so no order for reimbursement of counsel's flights - Found mediation went ahead at Authority's direction - Found applicant warned about possibility of order for costs - $3,000 contribution to costs reasonable - Respondent sought security for costs in challenge applicant filed in Employment Court (EC") - Found security for costs matter for EC and no order made" |
| Result | Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($338.37)(Witness' flights) |
| Main Category | Costs |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_286.pdf [pdf 11 KB] |