| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 510 |
| Hearing date | 8 Dec 2014 |
| Determination date | 10 December 2014 |
| Member | R Larmer |
| Representation | W Reid ; no appearance |
| Location | Tauranga |
| Parties | Lever and Anor v Fitzgerald Trust and Trustees Yvonne Dick and John Alexander and Anor |
| Other Parties | Lever (nee Clarricoats) ; Dick |
| Summary | COMPLIANCE ORDER – Applicants sought compliance with parties’ settlement agreement (“SA”) – Trustees – COSTS – Applicants sought contribution towards costs – No appearance for first respondents |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: First respondents failed to comply with obligations under SA. Evidence suggested strongly that first respondents in position to comply with SA due to recorded property interests. Assertion that trust wound up irrelevant as first respondents personally liable unless SA provided otherwise. Compliance ordered.;COSTS: Less than one day investigation meeting. Appropriate to apply notional daily tariff. First respondents to pay applicants $500 contribution towards costs. |
| Result | Application granted ; Compliance ordered ; Costs in favour of applicants ($500) ; Disbursements in favour of applicants ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Auckland_510.pdf [pdf 91 KB] |