| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 67/06 |
| Determination date | 08 March 2006 |
| Member | A Dumbleton |
| Representation | G Pollak ; M Ryan |
| Location | Auckland |
| Parties | Canwest Radioworks Ltd v Reeves |
| Summary | COSTS - Unsuccessful application for orders in relation to allegation that respondent had breached parties' consent order settlement - One day investigation meeting - Respondent sought full indemnity costs of $14,462 - Authority agreed that applicant's application not lacking in merit or made without reasonable foundation - Unwise for respondent to have participated in preparation of magazine story so soon after settlement of high profile personal grievance - Reasonable for applicant to think that Authority had jurisdiction to enforce respondent's undertaking - Not an appropriate case for awarding full solicitor-client costs - Something above notional rate seemed justified because respondent was found to have done no wrong and because applicant with its knowledge of media should more readily have given respondent benefit of doubt |
| Result | Costs in favour of respondent ($3,750) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 67_06.pdf [pdf 16 KB] |