| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 3 |
| Determination date | 06 January 2012 |
| Member | R A Monaghan |
| Representation | R Crotty ; M Tolich |
| Location | Auckland |
| Parties | Macfarlane v Dutch Village Trust |
| Summary | COSTS – Unsuccessful penalty claim – Half day investigation meeting – Respondent sought $21,778 full costs – Respondent claimed full costs appropriate due to rejected without prejudice offers – Authority found no written offers produced – Found circumstances of case did not call for order for full costs – Applicant claimed costs should lie where they fall as final outcome could be classified as draw – Found parties did not achieve equivalent degrees of success – Found appropriate to reduce notional daily rate given claim regarding second alleged breach could be considered draw – Applicant to pay $750 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($750) |
| Main Category | Costs |
| Statutes | ERA s149 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_3.pdf [pdf 14 KB] |