Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2012] NZERA Christchurch 38
Determination date 01 March 2012
Member P Cheyne
Representation G Downing (applicant and first party) ; J Levenbach ; G Pratt (second party)
Location Christchurch
Parties Chalmers v Physical Therapy Nelson Ltd
Other Parties McFadden, Phillips, Sandston, Downing, and Chisnall t/a McFadden McMeeken Phillips (first party sought to be joined), Active Body Centre Ltd (second party sought to be joined)
Summary COSTS – Unsuccessful application to join additional parties to claim – No investigation meeting – First intended party sought $1,206 full costs – Respondent claimed first intended party only entitled to $600 costs as no investigation meeting – Authority found unfair not to fully compensate first intended party for time wasted by respondent’s hopeless application – Respondent to pay first intended party $1,206 full costs – Second intended party sought $1,500 contribution to $3,960 total costs – Found respondent’s application to join second intended party without merit from outset – Respondent to pay $1,206 contribution to second intended party’s costs
Result Costs in favour of first intended party ($1,206) ; Costs in favour of second intended party ($1,500)
Main Category Costs
Cases Cited Credit Consultants Debt Services NZ Ltd v Wilson (No 2) [2007] ERNZ 205;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808
Number of Pages 4
PDF File Link: 2012_NZERA_Christchurch_38.pdf [pdf 17 KB]