Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2012] NZERA Christchurch 34
Determination date 23 February 2012
Member P Cheyne
Representation A McCormish ; T McGinn
Location Christchurch
Parties Ahn v Woo & Ok Partnership
Summary COSTS – Partially successful claim – One and a half day investigation meeting – Applicant sought indemnity costs or alternatively costs based on $3,500 daily tariff – Respondent claimed applicant’s costs and time applicant’s representative spent on matter outrageous - Authority found not appropriate to award indemnity costs – Found costs incurred by applicant unreasonable – Found unclear what applicant’s costs related to – Found $3,000 daily tariff appropriate – Respondent claimed some of applicant’s claims should not have been raised and were unsuccessful – Found although Authority gave early indication applicant’s claim unlikely to succeed, applicant persisted with claim – Found appropriate to reduce costs award to reflect unnecessary time taken by applicant – Found 20% deduction appropriate – Found applicant should have made Authority aware of true connection between applicant and company principal – Found further $250 deduction appropriate – Respondent to pay applicant $3,350 contribution towards costs
Result Costs in favour of respondent ($3,350)
Main Category Costs
Number of Pages 4
PDF File Link: 2012_NZERA_Christchurch_34.pdf [pdf 18 KB]