Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2011] NZERA Christchurch 163
Determination date 25 October 2011
Member H Doyle
Representation L Lambie-Shaw ; P Brown
Location Christchurch
Parties Fulton v Canstaff Ltd and Anor
Other Parties Canstaff Ashburton Ltd
Summary COSTS – Withdrawn application to reopen investigation – No investigation meeting – Respondents sought $750 contribution to $1,000 total costs – Applicant claimed costs should lie where they fall – Respondents claimed no merit in application – Second respondent advised not in position to pay applicant awards made by Authority – Authority found respondents did incur costs as statement in reply lodged, attended telephone conference and corresponded with applicant – Found unusual for second respondent to seek costs given spent in excess of $750 opposing application for someone else to assume liability after claim unable to pay applicant awards made by Authority – Found award of costs would simply be set off against much larger amounts owed to applicant – Costs to lie where they fall
Result Costs to lie where they fall
Main Category Costs
Number of Pages 4
PDF File Link: 2011_NZERA_Christchurch_163.pdf [pdf 17 KB]