| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 112 |
| Determination date | 16 November 2017 |
| Member | M Ryan |
| Representation | B Buckett ; M Lawlor |
| Location | Wellington |
| Parties | Performance Cleaners All Property Services Wellington Ltd v Chinan |
| Summary | COSTS – Unsuccessful breach of contract claim – Three and a half day investigation meeting – Respondent sought $50,124 indemnity costs, alternatively, an uplift to daily tariff – Applicant’s conduct regarding provision of evidence unacceptable – Respondent had to work beyond that required or expected by the Authority to defend allegations – Authority found significant uplift of $9,500 per day in daily tariff appropriate in unique circumstances of particular case – Applicant to pay respondent$32,775 contribution towards costs |
| Result | Costs in favour of applicant ($32,775) ; Disbursements in favour of applicant ($2,276.04) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Ben Nevis Forestry Ventures Ltd & Ors v The Commissioner of Inland Revenue [2014] NZCA 348;Bradbury v Westpac Banking Corporation [2009] NZCA 234;Chinan v Barron DC Wellington CIV 2012-032-000419;Judea Tavern Ltd v Jesson [2017] NZEmpC 120;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Performance Cleaners All Property Services Wellington Ltd v Chinan [2017] NZERA Wellington 152 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Wellington_112.pdf [pdf 228 KB] |