| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 153 |
| Determination date | 23 April 2014 |
| Member | T MacKinnon |
| Representation | E Burke ; R McCabe |
| Parties | CTC Aviation (NZ) Ltd v Sinton |
| Summary | COSTS - Successful recovery of monies - One day investigation meeting - Applicant sought indemnity costs of $14,564 - Applicant made Calderbank offer - Authority found insufficient reason to consider Calderbank offer in awarding costs and applicant's floodgates" argument not persuasive as respondent's circumstances individual to respondent - Found increase in daily tariff warranted due to preliminary matter raised by respondent which required significant amount of research and preparation from applicant - Respondent to pay applicant $4,500 contribution towards costs" |
| Result | Costs in favour of applicant ($4,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;Wages Protection Act 1983 s12A |
| Cases Cited | Carter v Southpark Corporation Ltd unreported, R A Monaghan, 4 Apr 2006, AA 108/06;CTC Aviation (NZ) Ltd v Sinton [2014] NZERA Auckland 45;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Sandilands v Chief Executive of Department of Corrections unreported, P Stapp, 10 September 2009, WA 67A/09 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_153.pdf [pdf 150 KB] |