| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131A/06 |
| Hearing date | 10 May 2006 - 15 May 2006 (2 days) |
| Determination date | 18 May 2006 |
| Member | R A Monaghan |
| Representation | L Emmerson ; G Swanepoel |
| Location | Auckland |
| Parties | Mackie v Raymond Realty ltd |
| Summary | COSTS - Authority found applicant not an employee - Respondent alleged costs amounted to $5,320 plus $450 for costs submissions - ï¾½ day investigation meeting Applicant on legal aid - Respondent alleged exceptional circumstances existed because applicant failed to identify and address key issue, even after Authority pointed it out, until day of investigation meeting - At investigation meeting legal argument raised but evidence not persuasive - Not persuaded exceptional circumstances existed - Respondent asked for any award to be made against legal aid" under s41 Legal Services Act 2000 - Authority did not construe s41 as allowing Authority to make order for costs against Legal Services Agency - Applicant ordered to pay respondent amount equivalent to contribution paid to Legal Services Agency - If s40 Legal Services Agency did not apply would have had different approach to costs - Applicant's claim had no merit - As result, respondent was forced to incur significant costs it should not have had to incur - Would have ordered applicant to pay respondent $3,500 were it not for s40(2) Legal Services Act - Respondent's submissions contained statements about comments allegedly made by mediator in mediation - They should not have been made and Authority disregarded them" |
| Result | Costs in favour of respondent ($50 or such other sum as obliged to contribute to Legal Services Agency) ; Orders accordingly |
| Statutes | ERA s6(4);Legal Services Act 2000 s40(1);Legal Services Act 2000 s40(2);Legal Services Act 2000 s40(3);Legal Services Act 2000 s41;Real Estate Agents Act 1976 s51A |
| Cases Cited | Challenge Realty Ltd v Commissioner of Inland Revenue [1990] 3 NZLR 42 |
| Number of Pages | 3 |
| PDF File Link: | aa 131a_06.pdf [pdf 15 KB] |