| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 234A/08 |
| Determination date | 19 August 2008 |
| Member | M Urlich |
| Representation | B Quarrie ; N Dines |
| Location | Auckland |
| Parties | Schollum v Orange Wood Ltd |
| Summary | COSTS - Unsuccessful breach of contract claim - Less than one day investigation meeting - Respondent's total costs were $26,810 plus disbursements - Submitted contribution of $3,000 to costs warranted as wholly successful party - Argued further submissions were required and applicant failed to respond to costs offer made - Applicant submitted costs to lie where they fall - Argued respondent's costs high given nature of case and applicant had genuine belief was right in claim - Costs to follow event - Degree of complexity with matter as events spanned number of years, key dispute in evidence had to be tested and resolved and distinct legal issues canvassed in submissions - Complexities put respondent to additional cost - Costs set at $2,000 plus disbursements |
| Result | Costs in favour of respondent ($2,000) ; Disbursements ($300) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Schollum v Orange Wood Ltd unreported, M Urlich, 7 July 2008, AA 234/08 |
| Number of Pages | 3 |
| PDF File Link: | aa 234a_08.pdf [pdf 23 KB] |