| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/06 |
| Determination date | 22 February 2006 |
| Member | J Scott |
| Representation | C Patterson ; B Edwards |
| Location | Auckland |
| Parties | eCOM New Zealand Ltd v Taylor |
| Summary | COSTS - Applicant had sought order for return of company laptop - Resolution reached in discussion with Authority Member - Resolved that professional third party would make forensic clone of information held on computer - Applicant sought costs of $1,604 and disbursements including those associated with forensic cloning - Respondent alleged that applicant was not successful because Authority did not make a determination, applicant had not reserved its position on costs and the forensic copy was not required to further the application so it would be wrong as a matter of law to award costs for it - Respondent submitted that costs should lie where they fall or that applicant should meet respondent's costs of $1,495 - Applicant had reserved costs but as resolution reached by teleconference appropriate that legal costs lie where they fall - Reasonable that cost of forensic cloning compromise be shared - Respondent to meet half the cost of professional third party |
| Result | Costs to lie where they fall ; Disbursements in favour of applicant ($623.36)(Forensic computer professional) |
| Statutes | ERA Second Schedule |
| Cases Cited | NZALPA v Registrar of Unions [1989] 2 NZILR 550;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Reid v New Zealand Fire Service Commission & Ors [1995] 2 ERNZ 38 |
| Number of Pages | 2 |
| PDF File Link: | aa 47_06.pdf [pdf 11 KB] |