| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 65 |
| Determination date | 13 March 2017 |
| Member | E Robinson |
| Location | Auckland |
| Parties | Tres Marias Trading Ltd v Maximo and Anor |
| Other Parties | Mendoza |
| Summary | COSTS – Unsuccessful breach of contract and breach of good faith claims – Three and a half days investigation meeting – Respondents sought contribution towards costs – Uplift in daily tariff appropriate to reflect additional time required in preparation for unique interests of both respondents – Applicant to pay Respondents $18,000 to be shared equally |
| Result | Costs in favour of the Respondents ($9,000)(first respondent)($9,000)(second respondent) ; Disbursements in favour of Respondents ($362.56)(first respondent) ($351.06) (second respondent) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1;New Zealand Automobile Association Inc v McKay [1996] 2 ERNZ 622 (EmpC);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tres Marias Trading Ltd v Maximo [2017] NZERA Auckland 16;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Auckland_65.pdf [pdf 165 KB] |