| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 166 |
| Determination date | 03 November 2011 |
| Member | M B Loftus |
| Representation | K Coulston ; L Ryder |
| Location | Christchurch |
| Parties | Milne v Barnardos New Zealand |
| Summary | COSTS – Unsuccessful injunction application – Half day investigation meeting – Respondent sought $9,600 contribution to $10,100 total costs – Respondent claimed costs incurred reasonable – Respondent claimed matter important to both parties – Respondent claimed applicant rejected mediation – Respondent claimed applicant sought urgency which generated further cost – Respondent claimed simply exercised rights between parties and applicant persistently failed to comply – Respondent claimed offered applicant to return to work upon receipt of independent medical assessment but received no response – Respondent claimed offer was effectively Calderbank offer and costs accrued after offer made recoverable – Applicant claimed major portion of respondent’s submissions related to unsuccessful jurisdiction argument – Applicant claimed matter important – Applicant claimed without income during period parties debated ability to return to work – Applicant claim genuinely believed stance appropriate – Applicant claimed application neither vexatious or without merit – Applicant claimed costs award should be minimal or costs should lie where they fall – Authority found respondent’s offer not Calderbank offer – Found offer made in attempt to settle matter and applicant put on notice that if rejected would be used to support costs application – Found rejection of offer and mediation put parties to unnecessary costs – Found costs had been accumulating for some time – Found respondent’s failed jurisdiction claim not significant - $4,500 contribution to costs appropriate |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Cases Cited | Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 Jan 2004, AA 39/04;NZ Airline Pilots Association IUOW v Registrar of Unions [1989] 2 NZILR 550;Okeby v Computer Associates (NZ) Ltd [1994] ERNZ 613;Pauanui Publishing Ltd v Loh unreported, Goddard CJ, 20 Dec 2001, WC 43B/01;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_166.pdf [pdf 20 KB] |