| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 236B/06 |
| Hearing date | 21 Jul 2006 |
| Determination date | 06 September 2006 |
| Member | L Robinson |
| Representation | D France ; C Wright |
| Location | Auckland |
| Parties | Finnigan v Hanover Group Ltd |
| Summary | COSTS - Authority determined applicant had not breached Deed of Settlement and issued compliance order against respondent - One day investigation meeting - Applicant sought indemnity costs of $29,169 - Submitted importance of matter and level of money involved justified senior counsel and Queen's Counsel - Although actual costs of that level unusual in Authority and not to be encouraged, Authority accepted reasonably incurred in this instance - Respondent submitted either $2,520 plus disbursements or $4,000 plus disbursements appropriate - Not appropriate case for full costs - Conventional approach appropriate - However, departure from modest award called for due to respondent's initial failure to respond to formal demand and substantive findings - Contribution of just less than 70% appropriate |
| Result | Costs in favour of applicant ($20,000) |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 236b_06.pdf [pdf 17 KB] |