| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 97 |
| Determination date | 04 July 2011 |
| Member | H Doyle |
| Representation | R Towner ; P Churchman |
| Location | Christchurch |
| Parties | Warren Skerrett Investments Ltd v Broad |
| Summary | COSTS - Successful application for adjournment of investigation meeting - Length of investigation meeting not specified - Respondent sought $1,176 contribution to $4,705 total costs - Applicant claimed respondent only entitled to $300 costs - Respondent claimed all matters relied upon by applicant in support of adjournment were foreseeable and then ignored - Respondent claimed pointed out necessity of joinder application at early stage but applicant failed to act on it until adjournment application - Respondent claimed applicant's delay in joining non party outrageous - Respondent claimed adjournment resulted in significant wasted expenditure - Applicant claimed adjournment sought for legitimate reasons - Applicant claimed adjournment not sought at last minute - Applicant claimed respondent did not waste significant amount of work - Authority found appropriate to take into account work required on adjournment application and wasted work by respondent - Found not all respondent's preparation wasted but did accept element of preparation lost and need for counsel to become reacquainted with case for delayed hearing - Found wasted work had to be balanced with fact adjournment requested before both parties statements of evidence due - Found joinder application only one reason for adjournment but accepted raised by respondent at earlier point and not acted on - Found relevant that adjournment made close to dates long set for investigation - Applicant to pay $600 contribution to respondent's costs |
| Result | Costs in favour of respondent ($600) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Prins and Anor v Tirohanga Rural Estate Group unreported, Travis J, 6 Oct 2003, AC 54/03 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_97.pdf [pdf 19 KB] |