| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 297 |
| Determination date | 11 July 2014 |
| Member | J Crichton |
| Representation | D Erickson ; M McGoldrick ; S Grice |
| Parties | ISO Ltd v Kena and Anor |
| Other Parties | Independent Stevedoring Ltd |
| Summary | Costs - Unsuccessful restraint of trade claim - Less than one day investigation meeting - First respondent sought $12,666 indemnity costs - Second respondent sought $12,975 indemnity costs - Respondent claimed no basis for separate costs award - Separate costs not appropriate where interests of respondents common and substantially overlapped each other - Respondents relied on and gained support from evidence or submissions of the other - Single costs award appropriate - Respondents to determine share - Not case for indemnity costs - Uplift to daily tariff appropriate due to lack of evidence of wrongdoing - Applicant to pay respondents $7,000 contribution towards costs |
| Result | Costs in favour of respondents ($7,000) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;ISO Ltd v Kena and Anor [2014] NZERA Auckland 240 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_297.pdf [pdf 146 KB] |