| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 2 |
| Determination date | 05 January 2016 |
| Member | Trish MacKinnon |
| Representation | A Pazin ; V d'Or |
| Location | Wellington |
| Parties | Lighthouse ECE Ltd v Halliwell |
| Summary | COSTS – Respondent sought $8826 indemnity costs - COUNTERCLAIM - PENALTY – GOOD FAITH – Respondent sought penalty for breach of good faith |
| Abstract | AUTHORITY FOUND –;COSTS: No investigation meeting. Applicant’s early withdrawal of statement of problem precluded need for respondent to incur costs in preparation for investigation meeting. Appropriate for applicant to make moderate contribution to costs. Applicant to pay respondent $500 contribution towards costs.;COUNTERCLAIM - PENALTY – GOOD FAITH: No evidence that applicant acted in bad faith by commencing proceedings. No penalty. |
| Result | Costs in favour of respondent ($500) ; Application dismissed (counterclaim - penalty - good faith) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corporation [2009] 3 NZLR 400;Fagotti v ACME & Co Ltd [2015] NZEmpC 135;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Wellington_2.pdf [pdf 150 KB] |