| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 44 |
| Determination date | 23 March 2011 |
| Member | P Cheyne |
| Representation | I Miller ; N Ironside |
| Location | Christchurch |
| Parties | Costley v Waimea Nurseries Ltd |
| Summary | COSTS - Successful personal grievance - Less than one day investigation meeting - Respondent sought contribution to costs - Respondent claimed entitled to costs as although applicant successful no remedies awarded and applicant rejected Calderbank offer - Applicant legally aided - Authority found no exceptional circumstances to award costs against applicant - Found parties having different views about substantive merits or economic value of claim not exceptional - Respondent requested specification of costs award but for applicant receiving legal aid - Found respondent had greater preparatory burden so matter should be treated as if occupied one day - Found contribution of $3,000 to respondent's costs appropriate in absence of legal aid |
| Result | No order for costs |
| Main Category | Costs |
| Statutes | Legal Services Act 2000 s40;Legal Services Act 2000 s40(2);Legal Services Act 2000 s41 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Health Waikato Ltd v Elmsly [2004] ERNZ 601;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Wadley v Salon D'orsay Ltd [1998] ERNZ 369 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Christchurch_44.pdf [pdf 17 KB] |