| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 236 |
| Determination date | 07 August 2015 |
| Member | E Robinson |
| Representation | B Smith ; R Amaranathan |
| Location | Auckland |
| Parties | Tibbitts v EWP Sales New Zealand Ltd and Anor |
| Other Parties | Up2it Access Hire Ltd |
| Summary | COSTS – Successful application for compliance order – Successful counterclaims for compliance order and penalty – Two day investigation meeting – Second respondent sought contribution towards costs – Applicant to pay second respondent $1,250 contribution towards costs – First respondent sought indemnity costs of $10,908 plus GST - Applicant rejected Calderbank offer made by first respondent – Applicant financially worse off than if had accepted offer but reasonable to decline offer as offer ambiguous concerning “reasonable costs” and other parties involved – Costs to lie where they fall |
| Result | Costs in favour of first respondent ($1,250) ; Costs to lie where they fall for second respondent and applicant |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Calderbank v Calderbank [1976] Fam 93 (CA);Health Waikato Ltd v Van Der Sluis [1997] ERNZ 236 (CA);Shanks v Agar t/a Rod Agar & Co [1996] 2 ERNZ 578 (EmpC);Tibbitts v EWP Sales Ltd [2015] NZERA Auckland 196 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_236.pdf [pdf 218 KB] |