| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 377/08 |
| Hearing date | 21 Oct 2008 |
| Determination date | 04 November 2008 |
| Member | M Urlich |
| Representation | G Norton ; G Wagg |
| Location | Auckland |
| Parties | Short v Walton Special Vehicles and Conversions Ltd |
| Summary | COMPLIANCE ORDER - Compliance sought with Authority determination - Respondent accepted had not paid sums owing - Respondent claimed no longer trading - Authority satisfied respondent had not complied with determination - Compliance ordered - Interest awarded - Respondent warned of consequences of failure to comply - PRACTICE AND PROCEDURE - Application for joinder - Applicant sought to have respondent’s managing director (“D”) joined as party - Authority found D not party to proceedings applicant sought compliance with - Found matter more properly raised in any future enforcement proceedings - Application declined - INJUNCTION - Applicant sought injunction to prevent sale or transfer of respondent’s assets - Authority found respondent had no assets - No basis to grant injunction - COSTS - Applicant sought full indemnity costs of $1008, $49 disbursements and filing fee as put to further expense to enforce determination and not at fault - Respondent claimed $500 contribution to costs reasonable given short time required to deal with matter - Respondent to pay $700 contribution to applicant’s reasonably incurred costs |
| Result | Compliance ordered ; Interest awarded (9%) ; Applications dismissed (Practice and procedure and injunction) ; Costs in favour of applicant ($700) |
| Main Category | Compliance Order |
| Cases Cited | Short v Walton Special Vehicles and Conversions Ltd unreported, A Dumbleton, 24 Jul 2008, AA 245A/08 |
| Number of Pages | 3 |
| PDF File Link: | aa 377_08.pdf [pdf 14 KB] |