| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 491 |
| Determination date | 14 November 2011 |
| Member | E Robinson |
| Representation | L Lundbom (in person) ; G Stone |
| Location | Auckland |
| Parties | Lundbom v Avisit Solutions Ltd |
| Summary | COSTS – Unsuccessful jurisdiction claim – Half day investigation meeting – Respondent sought $8,690 full costs – Respondent claimed entitled to full costs as made settlement offer to applicant at earliest opportunity and applicant’s claim without merit – Applicant opposed costs application on basis that respondent’s decision to incur legal costs and applicant of severely limited means and facing personal bankruptcy – Authority found no evidence that respondent’s offer was Calderbank offer and therefore could not take offer into account – Found setting costs award at level sought by respondent would be punitive in applicant’s circumstances – Applicant to pay $1,500 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($1,500) |
| Main Category | Costs |
| Cases Cited | Calderbank v Calderbank [1976] Fam 93;Lundbom v Avisit Solutions Ltd [2011] NZERA Auckland 436;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_491.pdf [pdf 12 KB] |