| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 3 |
| Determination date | 13 January 2014 |
| Member | H Doyle |
| Representation | R Towner ; P Churchman |
| Parties | Warren Skerrett Investments Ltd and Anor v Broad |
| Other Parties | Camelot New Zealand Ltd Partnership |
| Summary | COSTS – Unsuccessful breach of contract and restraint of trade claim – Two days investigation meeting – Respondent sought $48,344 indemnity costs – Respondent made $12,000 Calderbank offer – Authority found Calderbank offer only able to be taken into account against first applicant as second applicant not party at time offer made – Found applicants’ behaviour did not warrant award of indemnity costs – Found significant weight should be given to Calderbank offer – Found appropriate to consider applicants’ success in preliminary matters – Found second applicant driving force behind proceedings and appropriate that applicants be jointly and severally liable to pay respondent’s costs – Applicants to pay respondent $29,000 contribution towards costs |
| Result | Costs in favour of respondent ($29,000) |
| Main Category | Costs |
| Cases Cited | Barton v Dargaville High School Board of Trustees [2013] NZERA Auckland 192;Chen v New Zealand Sugar Co Ltd [2010] NZEmpC 81;Fitzpatrick v Eldercare Services Ltd [2013] NZERA Auckland 112;GBR Investment Ltd v Goose Bay Ranch Holdings Ltd unreported, Associate Judge Gendall, 21 April 2010, CIV-2009-409-613;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;Larnach v Gipsy Ltd [2013] NZERA Auckland 450;Orakei Group (2007) Ltd (formerly Axiom Rolle PRP Valuation Services Ltd) v Kapadia unreported, Colgan CJ, 23 September 2008, AC37/08;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_3.pdf [pdf 174 KB] |