| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 52 |
| Determination date | 23 March 2012 |
| Member | M B Loftus |
| Representation | B Nevell ; No Appearance, D Polson |
| Location | Christchurch |
| Parties | Wallace v GP and SL Glaister Ltd |
| Other Parties | Harris |
| Summary | COSTS – Unsuccessful arrears claim – Half day investigation meeting – Third party (“H”) sought $10,033 full costs – No appearance for respondent – H claimed larger costs award appropriate as forced to incur costs by virtue of initial citation, had two settlement offers rejected by applicant and was totally successful – Applicant claimed Authority had no jurisdiction to award costs to H as H not a party to proceedings – Applicant alternatively claimed that reasonable to have issued determined and to cite respondent as starting point and as result costs should lie where they fall – Authority found had jurisdiction to award costs to H – Found neither party’s arguments meant appropriate to depart from normal tariff – Applicant to pay $1,750 contribution to H’s costs |
| Result | Costs in favour of third party ($1,750) |
| Main Category | Costs |
| Cases Cited | Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Kidd v Equity Realty (1995) Ltd [2010] NZCA 452;Pauanui Publishing Ltd v Loh unreported, Goddard CJ, 20 December 2001, WC43B/01;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_52.pdf [pdf 19 KB] |