| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 48 |
| Determination date | 01 April 2014 |
| Member | M B Loftus |
| Representation | P Froggatt ; P Swarbrick |
| Parties | Harris v Fletcher Distribution Ltd t/a Placemakers Christchurch South |
| Summary | COSTS - Unsuccessful jurisdiction claim - Less than one day investigation meeting - Respondent sought $10,708 indemnity costs - Authority found case should never have been taken given applicant's claim failed due to compelling contrary evidence and fact applicant walked out of investigation meeting - Found applicant failed to pursue claim in good faith - Found applicant attempted to deny making allegation of fraud despite allegation being made in writing - Found applicant's inability to pay significant sum meant indemnity costs not appropriate but appropriate to increase notional daily tariff significantly - Applicant to pay respondent $5,500 contribution towards costs |
| Result | Costs in favour of respondent ($5,550) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;Harris v Fletcher Distribution Ltd t/a Placemakers Christchurch South [2014] NZERA Christchurch 6;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Christchurch_48.pdf [pdf 91 KB] |