| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 127/02 |
| Hearing date | 19 Nov 2002 |
| Determination date | 05 December 2002 |
| Member | G J Wood |
| Representation | N Chisnall ; P May |
| Location | Wellington |
| Parties | Wheeler v 24 Hour Auto Electrical Ltd & Ors |
| Other Parties | Advance 2000 Auto Electrical Ltd, Hercock, Symylie |
| Summary | COMPLIANCE ORDER - Failure to comply with settlement agreement - First respondent insolvent and ceased trading - Compliance order sought against directors and directors' new company to ensure first respondent's liability met - No mention of second or third respondents in settlement agreement - First respondent had no funds to meet liability - Compliance order declined - COSTS - Applicant entitled to costs for both substantive and compliance order determinations - Contribution of $2,000 appropriate |
| Result | Application dismissed ; Costs in favour of applicant ($2,000) |
| Cases Cited | Gellert Developments Ltd (in liquidation); McCullagh v Gellert (2002) 9 NZCLC 262;Northern Clerical etc IUOW v Lawrence Publishing Co of NZ Ltd [1990] 1 NZILR 717 |
| Number of Pages | 5 |
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