| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173A/04 |
| Determination date | 19 July 2004 |
| Member | R A Monaghan |
| Representation | C Eggleston ; C Patterson |
| Location | Auckland |
| Parties | Barry and Anor v Advanced Hair Studio Ltd and Anor |
| Other Parties | Advanced Hair Studio Ltd, Barry |
| Summary | COSTS - Partially successful personal grievance and claim for penalty for applicant and successful breach of contract claim for respondent against applicant - Overall respondent successful party and entitled to contribution to costs discounted to reflect areas applicant successful - Respondent sought contribution in excess of $50,000 to actual costs of $69,421 plus disbursements of $27,732 - Correct amount of costs $60,709 and disbursements $21,968 - Applicant sought 60 percent contribution to total costs of $18,333 - Mediation costs and costs associated with Fair Go not taken into account - Respondent's claim involved extensive documentation and witness statements - Costs allocated between applicant and respondent's claims - Respondent incurred $15,117 costs in defending applicant's claims and $45,532 in pursuing own claims - Applicant's financial position not strong - Applicant to pay $1,500 contribution to legal costs plus $475 disbursements in respect of his claims against respondent - Applicant to pay $5,000 legal costs and $2,070 disbursements in respect of respondent's claims against him |
| Result | Costs in favour of respondent ($6,500) ; Disbursements ($2,544.58) |
| Statutes | ERA s64(2) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |