| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 208/08 |
| Hearing date | 13 Jun 2008 |
| Determination date | 16 June 2008 |
| Member | M Urlich |
| Representation | S Menzies ; M O'Neill ; S McKenna |
| Location | Auckland |
| Parties | Curtain Makers New Zealand v Crocombe & Ors |
| Other Parties | Kelly, Rutherford, Henrderson, Fogarty, Carbat Ltd |
| Summary | COSTS - Urgent interim injunction application withdrawn two days before investigation meeting - Respondents sought costs - Submitted high contribution to costs totaling $11,947 warranted as applicant abandoned application after respondents filed all evidence, and applicant's claims were speculative and unsupported - Also argued factual disputes common in injunctive settings - Applicant failed to respond to respondents offer to inspect computers - Respondent's costs unnecessarily added to - Fifth respondent sought indemnity costs of $3,500 claiming the large number of respondents increased preparatory work and abandonment of application incurring extensive costs - Applicant submitted costs should be reserved until substantive matter settled - Respondents entitled to high award of costs - Indemnity costs not warranted - First, second, third, fourth and sixth respondents entitled to $8,000 contribution to costs - Fifth respondent entitled to $2,000 contribution to costs |
| Result | Costs in favour of respondents ($10,000) |
| Main Category | Costs |
| Cases Cited | AC Neilson (NZ) Ltd v Pappafloratos unreported, Shaw J, 5 September 2003, WC 17B/03;Credit Consultants Debt Services NZ Ltd v Wilson 5 April 2007 [2007] ERNZ 205;Data Group Ltd v Gillespie unreported, Travis J, 22 March 2004, AC 16/04;NZ Automotive Association v McKay [1996] 2 ERNZ 622, Colgan J;Paki v Panel Holdings Ltd unreported, Colgan CJ, 2 May 2008, AC 12/08;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Sheiling Laboratories Ltd v Smith unreported, Shaw J, 6 June 1995, AEC 48/95 |
| Number of Pages | 5 |
| PDF File Link: | aa 208_08.pdf [pdf 31 KB] |