| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 138 |
| Determination date | 16 September 2011 |
| Member | H Doyle |
| Representation | S Graham ; A Boniface |
| Location | Christchurch |
| Parties | Isherwood v Insyn Ltd |
| Summary | COSTS – Successful parental leave claim – Less than one day investigation meeting – Applicant sought $5,988 contribution to $8,878 total costs – Respondent made Calderbank offer – Respondent rejected counter offer – Respondent claimed costs should lie where they fall because respondent had to pay significantly more in legal expenses than applicant, Calderbank offer was very close to ultimate outcome, respondent’s financial position worse than applicant’s and respondent suffered penalties as result of applicant talking to media – Authority not persuaded costs should not follow the event - Found matter not factually complex but did include some legal complexities – Found appropriate to take respondent’s difficult and trying financial issues into account – Respondent to pay $2,500 contribution to applicant’s costs |
| Result | Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Securities Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_138.pdf [pdf 18 KB] |