| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 512 |
| Determination date | 10 December 2014 |
| Member | R Arthur |
| Representation | Z Cumming-Steward (in person) ; N Tabb |
| Location | Auckland |
| Parties | Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection |
| Summary | COSTS – Successful penalty counterclaim and unsuccessful compliance order and penalty claims – Less than one day investigation meeting – Respondent sought $5,261 indemnity costs – Respondent made $1,000 and approximately $1,800 Calderbank offers – Authority found not appropriate to adjust notional daily tariff due to Calderbank offers given short window in which applicant could accept offers – Found speculative allegations by respondent lengthened investigation meeting unduly – Found applicant’s means to pay substantial costs award relatively limited – Applicant to pay respondent $1,250 contribution towards costs – Costs and penalty ordered against applicant previously to be paid out of money held in trust by independent solicitor – Applicant to pay independent solicitor’s fee – Leave reserved for respondent to seek further orders if applicant failed to pay independent solicitor’s fee within specified time |
| Result | Costs in favour of respondent ($1,250) ; Orders made ; Disbursements in favour of respondent (quantum to be determined)(independent solicitor’s fee) |
| Main Category | Costs |
| Cases Cited | Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection [2014] NZERA Auckland 485;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_512.pdf [pdf 284 KB] |