Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 13/03
Determination date 05 February 2003
Member D Asher
Representation D O'Leary ; J Button
Location Wellington
Parties McCorkindale v Trust Board in respect of Samuel Marsden Collegiate School
Summary COSTS - Unsuccessful breach of contract claim - 3 day investigation meeting - Contribution of $9,000 plus GST sought to total costs of $12,000 - GST not recoverable - Although not breach of contract respondent had gained significant financial gain out of using applicant's services - Financial gain taken into account when assessing costs award - Would have awarded amount sought but for financial gain - Less than average award appropriate
Result Costs in favour of respondent ($3,000)
Cases Cited Main v Spotless Catering Service (NZ) Ltd unreported, Palmer J, 19 May 1999, AC 31/99;NZALPA v Registrar of Unions [1989] 2 NZILR 550
Number of Pages 5
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