| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 104A/04 |
| Determination date | 20 October 2004 |
| Member | R A Monaghan |
| Representation | C Parker ; R Wilson, S Hughes |
| Location | Wellington |
| Parties | O'Connor v AMTEC Engineering Group Ltd and Anor |
| Other Parties | AEL Number One Ltd |
| Summary | COSTS - Authority had found that first respondent not applicant's employer - First respondent sought full solicitor-client costs - Alleged total costs of $12,813 - Further sought award against applicant's counsel as well as applicant on joint and several basis - Doubt whether Authority could entertain such application - Declined to make order for costs against counsel - First respondent acknowledged applicant's financial difficulties - On ability to pay ground alone, award of solicitor-client costs not warranted - Extent to which applicant pursued first respondent and director added unnecessarily to costs - First respondent proceeded as if was correctly cited employer - Came to point when applicant should have known otherwise - Contribution to respondent's costs appropriate |
| Result | Costs in favour of first respondent ($2,000) |
| Cases Cited | Dymock's Franchise Systems (NSW) Pty Limited v Todd & Ors [2004] UKPC 39;Harley v McDonald [2002] 1 NZLR 1;NZ Medical Laboratory Workers Union Inc v Capital Coast Health Ltd [1998] 2 ERNZ 107;O'Malley v Vision Aluminium Ltd (No3) [1992] 2 ERNZ 1043 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |