| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 142 |
| Determination date | 11 April 2014 |
| Member | T G Tetitaha |
| Representation | P Skelton QC ; N Crotty, G Service |
| Parties | Duncan v Torchlight Investment Group Ltd and Anor |
| Other Parties | Pyne Gould Corp Ltd |
| Summary | COSTS - Partially successful claims - Three day investigation meeting - Applicant sought $10,500 contribution towards costs - Respondents sought $241,513 indemnity costs - Authority found case did not meet high threshold required for indemnity costs - Found appropriate to reduce awards made to parties to reflect partial success but having regard to complexity of case increase to daily tariff appropriate - Respondents to pay applicant $5,000 contribution towards costs - Applicant to pay respondents $13,244 contribution towards costs |
| Result | Costs in favour of applicant ($5,000) ; Costs in favour of respondents ($13,244.50) |
| Main Category | Costs |
| Statutes | Companies Act 1993 |
| Cases Cited | Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;Duncan v Torchlight Investment Group Ltd and Anor [2013] NZERA Auckland 535;New Zealand Meat Workers and Related Trades Union Inc v Affco New Zealand Ltd [2012] NZERA Auckland 15;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;West v Pyne Gould Corporation Ltd, P R Stapp, 9 Jul 2013, [2013] NZERA Christchurch 139 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_142.pdf [pdf 103 KB] |