| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 404 |
| Determination date | 19 September 2011 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Borrill v Elite Fitness Equipment Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Costs submissions raised out of time by respondent – Applicant opposed costs application being considered because made out of time and leave to extend time not granted or even sought – Applicant claimed respondent had not attempted to resolve issue of costs – Applicant noted previous failure by respondent to meet deadline set by Authority – Authority found challenge filed and email about applicant’s legal aid status did not influence decision not to apply for costs or to apply for extension of time – Found no reasonable explanation why respondent did not make application for costs in time or why respondent did not apply for extension of time – Authority declined to consider respondent’s application for costs |
| Result | Application dismissed |
| Main Category | Costs |
| Statutes | Legal Services Act s40(2) |
| Cases Cited | Borrill v Elite Fitness Equipment Limited [2011] NZERA 331 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_404.pdf [pdf 12 KB] |