| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 460 |
| Determination date | 25 October 2011 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Mayne and Ors v Polychem Marketing Ltd |
| Summary | COSTS – Unsuccessful jurisdiction claims – One and a half day investigation meeting – Parties disputed whether had reached agreement to settle costs – Applicants claimed respondent had offered and applicants had accepted $5,000 was reasonable contribution towards respondent’s costs – Respondent claimed applicants did not accept offer in time and offer had lapsed – Authority found offer expired before accepted by applicants and matter to be determined by Authority – Respondent only sought costs from first applicant (“M”) – Respondent sought contribution from M towards costs at level significantly higher than daily tariff as claimed applicants failed to correctly identify employer – Respondent made applicants Calderbank offer – Found matter of substantial factual and legal complexity therefore reasonable preparation time could be allowed for in costs award – M claimed costs should be no more than $5,000 – Found applicants’ conduct unnecessarily increased respondent’s costs and applicants’ claim fatally flawed – Found respondent offered not to seek costs against second and third applicants if claim withdrawn and if M’s claim withdrawn offered to accept agreed costs – Found applicant rejected opportunity to settle costs at very reasonable amount given outcome – Found $14,000 award appropriate to cover respondent’s considerable preparation – M to pay respondent $14,000 contribution towards costs |
| Result | Costs in favour of respondent ($14,000) |
| Main Category | Costs |
| Statutes | ERA s4;ERA Second Schedule cl15 |
| Cases Cited | Mayne & Ors v Polychem Marketing Ltd [2011] NZERA Auckland 360;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_460.pdf [pdf 21 KB] |