| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38A/08 |
| Determination date | 02 October 2008 |
| Member | D Asher |
| Representation | M Brewer, P McBride ; A Caisley |
| Location | Wellington |
| Parties | NZ Tramways & Public Passenger Transport Authorities Employees IOUW (Wellington Branch) v Cityline (new Zealand) Ltd t/a Cityline Hutt Valley & Anor |
| Other Parties | Wellington City Transport Ltd |
| Summary | COSTS - Successful practice and procedure case - Investigation meeting less than half a day - Applicant sought costs of $3,000 in respect of preliminary matters heard in 2007 from total costs of $4,120 - Applicant argued matters raised involved novel questions of law that necessitated additional research - Respondent lost their argument in Employment Court and therefore put applicant to unnecessary expense - Respondent argued matter was a test case and issue was a point of law - Submitted parties agreed costs would lie where they fell in respect of substantive application and costs incurred by applicant not clear - Suggested costs lie where they fell or regarding size of applicant's submission and time taken be no more than $750 in regards to preliminary matter - Authority found matter not a test case and no reason why costs should not follow event - Applicant entitled to appropriate contribution to costs of $1,000 |
| Result | Costs in favour of applicant ($1,000) |
| Main Category | Costs |
| Cases Cited | NZ Tramways & Public Passenger Transport Authorities Employees IUOW v Cityline (NZ) t/a Cityline Hutt Valley & Anor [2007] 1 ERNZ 667;NZ Tramways & Public Passenger Transport Authorities Employees IOUW (Wellington Branch) v Cityline (New Zealand) Ltd t/a Cityline Hutt Valley & Anor unreported, D Asher, 8 Apr 2008, WA 38/08;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | wa 38a_08.pdf [pdf 17 KB] |