| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 82/05 |
| Determination date | 01 June 2005 |
| Member | J Crichton |
| Representation | K Owen ; J Cameron, P Dumelow (in person) |
| Location | Christchurch |
| Parties | Clarke v Occidental Hotel 1998 Ltd and Anor |
| Other Parties | Dumelow |
| Summary | COMPLIANCE ORDER - Compliance with mediated settlement sought - Settlement guaranteed by second respondent (and director and shareholder of first respondent) - Terms of mediated settlement not performed on due date - First respondent no longer trading or in position to be able to pay debt - Only practical basis to obtain payment was against second respondent - Appropriate to make compliance order - Order to be obeyed by specified date - Declined to enforce provision for penalty for late payment - Provision struck down as offended the law - No penalty interest ordered since second respondent not in position to be able to pay more than bare amount - COSTS - Costs in favour of applicant $400 plus filing fee |
| Result | Compliance order granted ; Costs in favour of applicant ($400) ; Disbursements ($70)(Filing fee) |
| Cases Cited | Ozturk v Hamit Gultekin t/a Halikarnas Restaurant unreported, Goddard CJ, 11 June 2004, WC 6/04 |
| Number of Pages | 3 |
| PDF File Link: | ca 82_05.pdf [pdf 12 KB] |